EPA abandons poultry farm appeal

September 25, 2014 | By DAMIEN SCHIFF

The EPA has withdrawn its appeal of a West Virginia federal district court’s decision holding that the Clean Water Act’s regulatory regime for industrial stormwater does not apply to runoff from a poultry farm, where the “industrial” aspects of that poultry farm occur in housed and closed-off areas.  That’s good news ...


More on Los Angeles County Water Management District

January 11, 2013 | By DAMIEN SCHIFF

Now available is a post-decision podcast I recorded for the Federalist Society, which goes into greater detail on why I believe that, from the perspective of the Clean Water Act practitioner, this decision is much ado about nothing. … ...


It really was much ado about nothing

January 10, 2013 | By DAMIEN SCHIFF

On Monday, the Supreme Court ruled unanimously in Los Angeles County Flood Control District v. Natural Resources Defense Council that the Clean Water Act does not regulate the mere flow of polluted water from an upstream “improved” segment to a downstream “unimproved” segment of the same water of the United States.  The Cou ...


Much ado about nothing, part III

December 07, 2012 | By DAMIEN SCHIFF

In case you haven’t had enough, the Federalist Society has published a podcast of me discussing Los Angeles County Flood Control District v. NRDC, a Clean Water Act case dealing with stormwater pollution, argued earlier this week. … ...


Much ado about nothing, part II

December 06, 2012 | By DAMIEN SCHIFF

Last month I wrote about a very peculiar case just argued this week in the United States Supreme Court—Los Angeles County Flood Control District v. Natural Resources Defense Council—concerning the Clean Water Act’s regulation of stormwater.  The case is peculiar because all the parties and the federal government as amicus agree o ...


Much ado about nothing?

November 21, 2012 | By DAMIEN SCHIFF

The United States Supreme Court this Term will hear at least two cases arising under the Clean Water Act:  Decker v. Northwest Environmental Advocates, and Los Angeles County Flood Control District v. Natural Resources Defense Council. The former concerns the legality of EPA’s regulation exempting owners and operators of forest roads from ob ...


U.S. Supreme Court to hear forest road runoff case

June 25, 2012 | By BRIAN HODGES

Good news from the U.S. Supreme Court today!  The Court announced that it will hear two cases dealing with the treatment of forest roads under the Clean Water Act in its upcoming term.  The question the Court will address is whether rainwater running off forest roads must be regulated as point source pollution, making forest … ...


If a tree pollutes in the woods…


Author: Brian T. Hodges For years, Washington’s Department of Ecology has been trying to determine the source of pollutants entering Puget Sound.  The presumption, of course, has been that those dastardly humans who have the gall to live in a home and drive to work – god forbid that they take a trip to one … ...