• Posts by Michael R. Shebelskie
    Posts by Michael R. Shebelskie
    Partner

    Mike represents clients in complex litigation across a broad array of subject matters, including commercial disputes and corporate torts, energy and environmental litigation, intellectual property rights, fiduciary matters ...

Time 10 Minute Read

Yesterday the Supreme Court of the United States issued its most significant Clean Water Act decision in more than a decade, resolving a split among lower courts over the reach of the Clean Water Act’s “point source” or National Pollutant Discharge Elimination System (NPDES) program. Pollutants travel to bodies of water in many ways: by pipe, ditch, or runoff, for example. The Clean Water Act defines some of those ways of moving pollutants as “point sources”—specifically, pipes, ditches, and similar “discernible, confined and discrete conveyance[s]”—and bans the “addition of any pollutant to navigable waters from any point source” without an NPDES permit. But no similar permitting requirement applies to pollution added from nonpoint sources, which is instead controlled by state and other federal environmental laws.

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