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Clean Water Act › Contaminated Properties

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

BCLP

2023 Federal PFAS Regulatory Recap

BCLP on

As expected, 2023 was an expansive year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took (or at least proposed)...more

Allen Matkins

California Environmental Law & Policy Update - 3.03.23 - #1

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Idaho has joined a Texas lawsuit over a new interpretation of the Clean Water Act’s “waters of the United States” (WOTUS) rule, alleging that it is too vague, oversteps the bounds of federal authority, and puts the liberties...more

Allen Matkins

California Environmental Law & Policy Update - April 2022 #2

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Supreme Court reinstates Trump-era water rule, for now Bullet Associated Press - April 6 The Supreme Court this Wednesday reinstated a Trump-era rule curtailing the power of states and Native American tribes to block...more

Miles & Stockbridge P.C.

Lead Contamination Remains a Significant Issue at Outdoor Shooting Ranges, Prompting Environmental Law Citizen Suits

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Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

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After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

Allen Matkins

California Environmental Law & Policy Update - September 2021

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Federal judge strikes down Trump rule governing water pollution - The New York Times – August 23 - In the latest episode of a long-running battle concerning the reach of federal jurisdiction over surface waters, Judge...more

Morgan Lewis - Up & Atom

EPA Announces Review of Trump Administration Decision on Nuclear Cleanup

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The US Environmental Protection Agency (EPA) recently announced a site-specific review that has broader implications for Superfund site cleanups with radionuclide contamination. The EPA is reviewing a Trump-era decision on...more

Sullivan & Worcester

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

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Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About, Part 2

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The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal...more

Sullivan & Worcester

PFAS Update: August 2020

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There have been several recent developments involving PFAS regulation, most notably the Environmental Protection Agency’s (EPA) Significant New Use Rule (SNUR) for certain long-chain per- and polyfluoroalkyl compounds (PFAS)....more

McCarter & English, LLP

SCOTUS Delivers Two Important Environmental Rulings

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Amidst the COVID-19 pandemic, the U.S. Supreme Court issued last week two important decisions, one regarding the federal Superfund law and the other concerning the Clean Water Act....more

Stoel Rives - Environmental Law Blog

California Court of Appeal Rejects “Substantial Factor” Test for Regional Board to Issue a Cleanup and Abatement Order to a...

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After years of investigation, the San Diego Regional Water Quality Control Board (“Regional Board”) issued a cleanup and abatement order (“CAO”) to San Diego Gas & Electric Company (“SDG&E”) after finding that SDG&E caused or...more

Nossaman LLP

NRD Consent Decree Shows Innovation Alive & Well at DOI

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On June 3, 2019, the United States lodged a proposed Consent Decree under the Clean Water Act and the Oil Pollution Act that would resolve a suite of natural resource damages (NRD) claims by federal, state, and tribal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

When Worlds Collide - Conservation, Environment and the 2018 Farm Bill: Laurie Peterson (U.S. Department of Agriculture) Arkansas...

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Ms. Laurie Peterson undertook a presentation at the November 13th joint Arkansas Bar Association Environmental/Agricultural Law Committee meeting in Little Rock, Arkansas, titled: When Worlds Collide – Conservation,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Land Application/Water Enforcement: Arkansas Department of Environmental Quality and Miller County, Arkansas Facility Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Arkansas Department of Environmental Quality (“ADEQ”) and Jiles Clay Smith d/b/a S & S Farms (“S & S”) entered into an August 31st Consent Administrative Order (“CAO”) addressing alleged violations of a No-Discharge Water...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

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Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

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• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Williams Mullen

EPA Issues New Contaminated Sediments Guidance

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Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more

Snell & Wilmer

They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado

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While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”)...more

Allen Matkins

California Environmental Law & Policy Update - August 2015 #3

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Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

Beveridge & Diamond PC

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

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Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

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