What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The Koontz Decision: Limits Conditions a Government can Impose on Developers
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Hot Topics for Waste-to-Energy Investors and Developers
Going on the Offense: Proactive Strategies to Reduce Uncertainty
Which environmental regs may impact your development projects?
Prosecuting Environmental and Toxic Torts
Deryck Palmer on What’s Next for the Energy Sector
Effective on July 1, House Bill 957 (2014) (the “Amendment”) amended the Georgia Brownfield Act, O.C.G.A. § 12-8-200 et seq. (the Act). The Amendment broadens applicability of the Act, expands the pool of eligible parties...more
The California Supreme Court has just issued an opinion which may encourage the use of initiatives. At issue in the case was an initiative to adopt a specific plan to streamline approval for construction and operation of a...more
Florida Department of Environmental Protection (FDEP) touts the success of the State’s Brownfields Redevelopment Program. Since its inception in 1997, Florida’s Brownfields Redevelopment Act ( Florida Statutes Sections...more
The General Assembly passed noteworthy bills on six diverse environmental and land use subjects.
Hydraulic Fracturing Waste -
A deceptively simple bill concerning hydraulic fracturing waste, PA 14-200, emerged...more
The U.S. federal government is auctioning off Maine's tallest lighthouse, located on Boon Island near one of the state's designated offshore wind test sites.
Before a Superfund settlement becomes enforceable, it must be reviewed by a federal court to confirm that it is fair, reasonable, and consistent with CERCLA’s objectives. This judicial review is at the heart of CERCLA’s...more
The new Department of Ecology (Ecology) grant funding rules, which are expected to go into effect in September 2014, will change the way grant recipients resolve contribution claims against other liable parties under the...more
In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not...more
Voter-driven initiatives meeting California Elections Code requirements may be adopted directly by local governments without first conducting a full review under the California Environmental Quality Act ("CEQA"), according to...more
In a concise 15-page opinion filed August 7, 2014, the California Supreme Court reversed the Fifth District Court of Appeal’s judgment which had held that a city may not adopt a voter-sponsored initiative with potential...more
In Cannons Engineering, the First Circuit Court of Appeals famously stated that, when CERCLA consent decrees arrive at the courts of appeal for review, they do so “encased in a double layer of swaddling,” because both the EPA...more
On August 1, 2014, a divided panel of the Ninth Circuit reversed a district court’s approval of a multi-party settlement at an Arizona waste site. State of Arizona v. Ashton Company Incorporated Contractors and Engineers, et...more
A Chapter 11 debtor moved to reopen its bankruptcy case more than 15 years after it was closed in order to enforce the plan confirmation order to prevent claims by a state environmental agency and other potentially...more
Parties sued by the New Jersey Department of Environmental Protection (“DEP”) for remediation now have an immediate right to seek contribution from other potentially responsible parties. Following last week’s unanimous ruling...more
Today, we’re talking about LUSTs: Leaking Underground Storage Tanks. Not what you were expecting? Well, if you are in the market for commercial real estate, I can assure you that you will be even more disappointed if you...more
The Florida Legislature has provided numerous extensions for development permits and approvals over the past several years, which have typically required that the holder of the permit or approval provide notice to the issuing...more
When buyers request that sellers warrant compliance with environmental law, sellers need to appreciate that agency interpretation or agency enforcement discretion may have played a role in the seller’s apparent ongoing...more
If after a Phase I ESA, the EP determines further investigation is warranted, that more invasive investigation takes the form of a Phase II ESA. The primary purpose in conducting a Phase II ESA is to evaluate any REC(s)...more
Roberson v. City of Rialto (4th Dist., Div. 2, 5/21/2014, E058187) -
The Fourth District Court of Appeal affirmed a judgment denying a petition for writ of mandate to invalidate project approvals for the construction...more
Governor Pat Quinn recently signed into law amendments to The Illinois Power Agency Act aimed at promoting solar power in Illinois. Utilizing deposits in the Illinois Power Agency Renewable Energy Resources Fund, these...more
What if there was a technology that had a 20 year track record of saving 4.8 quads of energy and 41 million tons of carbon, while saving consumers more than $44 billion over the past 20 years, and was anticipated to save...more
In 2006, Morristown Associates filed a suit against multiple heating companies and the previous owners of a dry cleaning business to seek payment for the costs they incurred redeveloping the property. They cited the source...more
Why it matters: The 30 day statute of limitations for CEQA challenges was upheld to bar litigation alleging that a project, as constructed, was different from how that project was described in the CEQA document....more
To the extent there was any remaining uncertainty, the Sixth Circuit has now made crystalline that a party settling some or all of its liability under CERCLA with the United States or a state has a contribution claim under...more
The Second Circuit Court of Appeals in New York recently held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, does not require contribution from...more
Find an Environmental Author »
Back to Top