Wastewater Discharge Licensees in NPDES Permitting Matter

Represented of a group of wastewater discharge licensees in Maine v. Johnson, 498 F.3d 37 (1st Cir. 2007), in which EPA had withheld NPDES permitting authority from the State of Maine for Tribal discharges, and had applied a case-by-case analysis for determining State authority over the non-Indian discharges. The First Circuit Court of Appeals held that Maine has authority under the Maine Indian Claims Settlement Act to regulate all wastewater discharge facilities in the State, including those owned by Indian Tribes and those owned by non-Indians but discharging into disputed “Indian Territory.”