On December 8, the United States Environmental Protection Agency (EPA or the Agency) issued draft guidance to clarify the application of the “functional equivalent” test created by the United States Supreme Court in County of Maui v. Hawaii Wildlife Foundation, 140 S. Ct. 1462 (2020). The guidance is intended to help both members of the regulated community and permitting authorities determine when a National Pollutant Discharge Elimination System (NPDES) permit may be required for discharges from point sources that reach navigable waters through groundwater. Comments on the draft guidance are due 30 days after its publication in the Federal Register.
Continue Reading EPA Seeks to Clarify Application of Maui and “Functional Equivalent” Test
Permits
New Jersey: Permits and Approvals Must Be Registered With NJDEP By October 8, 2020 to Claim PEA 2020 COVID-19 Extension
By Andrew Perel, Holly Hill, Buck Dixon & Mandi Moroz on
Posted in COVID-19, Environmental Enforcement
On July 1, 2020, New Jersey’s Governor Phil Murphy signed the Permit Extension Act of 2020 (“PEA 2020”) into law. The PEA 2020 tolls certain state and local permit approvals, including approvals of soil erosion and sediment control plans granted by a local soil conservation district and waterfront development permits, during the pendency of the public health emergency caused by COVID-19. Additionally, the PEA 2020 extends the deadlines for those approvals that would have otherwise expired during the public health emergency for an additional six months beyond the end of the COVID-19 extension period. Importantly, the PEA 2020 does not impact those approvals that expired prior to March 9, 2020 (the beginning of the public health emergency) or apply to those that will expire after the public health emergency ends.
Continue Reading New Jersey: Permits and Approvals Must Be Registered With NJDEP By October 8, 2020 to Claim PEA 2020 COVID-19 Extension