Clean Water Act Permitting after County of Maui: What to Expect

$95.00

Clear
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Course Description

This program was recorded on March 23, 2021

On January 14, 2021, the U.S. Environmental Protection Agency issued a guidance memorandum on the application of the U.S. Supreme Court’s April 2020 decision in County of Maui v. Hawaii Wildlife Fund. The County of Maui Court held that the Clean Water Act requires a permit not only for direct discharges into navigable waters but also for the “functional equivalent” of direct discharges. This course will cover the "functional equivalent" test created by the County of Maui decision, EPA's interpretative guidance, its current application to regulated entities, and developments under the Biden Administration.

Speaker Bio
1 General Credit
Course Agenda

Joseph Drapalski
Joseph Drapalski is a senior associate in the environmental practice group in Norton Rose Fulbright's Los Angeles office. He focuses his practice on environmental law, including environmental litigation, state and federal Superfund, enforcement, compliance counseling, remediation, and transactional matters.

Joseph's litigation practice involves CERCLA cost recovery and contribution, natural resource damages, groundwater and sediment contamination lawsuits, and environmental citizen suits. In addition to his litigation experience, Joseph handles a wide range of regulatory and compliance matters focusing on federal and state Superfund, the National Contingency Plan, Clean Water Act, RCRA, CEQA, NEPA, and environmental aspects of business transactions.

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Katie Fragoso
Katie Fragoso is an associate in the environmental practice group residing in Norton Rose Fulbright's Los Angeles office. During law school, Katie was an associate editor of the UC Irvine Law Review and a member of the UC Irvine Environmental Law Clinic. Additionally, Katie externed for the Honorable Stephen Reinhardt in the 9th Circuit Court of Appeals.

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1 General Credit

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Course Agenda

  1. Brief history of NPDES permitting under the Clean Water Act
  2. The County of Maui decision and the "functional equivalent" test
  3. EPA's Guidance on County of Maui
  4. Current application to regulated entities
  5. Developments under the Biden Administration
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