News & Analysis as of

Environmental Policies Contamination

Preparations Underway to Regulate 1,2,3-TCP in California’s Drinking Water - State Water Resources Control Board Held Public...

by Best Best & Krieger LLP on

In preparation for California adopting a maximum contaminant level for 1,2,3-trichloropropane in drinking water, the State Water Resources Control Board staff discussed potential reporting requirements and changes to...more

News from the Vermont State House - An Analysis from DRM’s Government & Public Affairs Team - January 2017 #2

by Downs Rachlin Martin PLLC on

Treasurer Will Build Public Pension Plan for Small Business - State Treasurer Beth Pearce on Wednesday asked the Senate Economic Development, Housing and General Affairs Committee to create the framework for a...more

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

by Burr & Forman on

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

Environmental Claims: The Gift That Keeps On Giving

by Pepper Hamilton LLP on

Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) – A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The...more

PADEP Proposes Tough New Policy for Enforcing Oil and Gas Violations and Responding to Water Contamination Complaints

by K&L Gates LLP on

On October 3, 2014, the Pennsylvania Department of Environmental Protection (“PADEP”) unveiled a new draft policy that would strengthen its compliance and enforcement protocols for both unconventional and conventional oil and...more

Texas Environmental Update

by Bracewell LLP on

Proximity to Natural Gas Wells and Reported Health Status: Results of a Household Survey in Washington County, Pennsylvania Environmental Health Perspectives, September 10, 2014 - "We conducted a hypothesis...more

NPDES Permits Are Construed Narrowly Against the Permittee

In July, we noted that the Clean Water Act’s permit shield defense would be construed narrowly, applying only where a permittee had clearly disclosed that the relevant pollutant to the agency. This week, in Alaska Community...more

Is Selenium the Coal Industry’s Kryptonite? Citizen Groups Obtain Summary Judgment Based on Water Quality Criteria Exceedances

Last week, the Ohio Valley Environmental Coalition and other NGOs obtained summary judgment that Alex Energy had violated both its NPDES permit and its Surface Mining Permits due to exceedances of the West Virginia water...more

A "Diesel Fuel" by Any Other Name – EPA Narrows Definition of "Diesel Fuel" in Revised Hydraulic Fracturing Guidance

by King & Spalding on

On February 12, 2014, the United States Environmental Protection Agency (EPA) issued long-awaited final guidance on permitting the use of diesel fuels in hydraulic fracturing operations. This guidance is important because any...more

Time-Barred Claim . . . Or Is It? Supreme Court Agrees To Review Fourth Circuit State Statute of Repose Case

As reported on the Ogletree Deakins Environmental Law blog in July of 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or...more

City Not Required to Analyze Impacts of Existing Soil Contamination

by Best Best & Krieger LLP on

In Parker Shattuck Neighbors v. Berkeley City Council, the Court of Appeal determined that impacts from existing soil contamination on a project’s construction workers or future occupants was not an environmental impact under...more

Contaminated but Remediated Soil and Cortese Listing Does Not Compel Preparation of EIR

As 2013 came to a close, the California court of appeal in Parker Shattuck Neighbors v. Berkeley City Council (1st Dist., Div. 4, 12/30/13, A136873) ___Cal.App.1st___, 2013, upheld the City of Berkeley’s decision not to...more

CEQA-In-Reverse Case Opening Brief Filed In California Supreme Court

by Miller Starr Regalia on

The California Building Industry Association (CBIA) laid out its case that CEQA contains no general directive requiring analysis of the existing environment’s impacts on a future project in a 50-page opening brief filed in...more

First District “Doubts” CEQA Operates In Reverse, Upholds Mitigated Negative Declaration For Urban Infill Project Despite Soil and...

by Miller Starr Regalia on

In an opinion recently ordered published, the First District Court of Appeal extensively reviewed the relevant case law and expressed skepticism that CEQA would operate in reverse to require analysis of potential impacts on a...more

New Insight Regarding the Timing for Establishing California's Final Maximum Contaminant Level for Hexavalent Chromium

by Latham & Watkins LLP on

On October 31, 2013, Judge Evelio Grillo of the Alameda County Superior Court held a hearing in the ongoing case of NRDC v. California Department of Public Health, Cal. Super. Ct. No. RG12643520 to take evidence regarding the...more

REGULATORY: Environmental Regulatory: Mitigating the Prospect of Mercury in Hydrocarbons in Exploratory Drilling

by King & Spalding on

Today's oil and gas exploration increasingly involves drilling deeper, increasing the likelihood of encountering elevated levels of naturally-occurring mercury in hydrocarbons found at these advanced depths. Hydrocarbons with...more

Appellate Court Finds BAAQMD CEQA Significance Thresholds Did Not Violate CEQA

by Stoel Rives LLP on

Greenhouse Gas and Toxic Air Contaminant CEQA Thresholds May Soon Be Reinstated - In California Building Industry Association v. Bay Area Air Quality Management District (filed August 13, 2013) (“CBIA”) , the First...more

California Environmental Law and Policy Update - July 25, 2013

by Allen Matkins on

Environmental and Policy Focus: Interior Chief defends federal hydraulic fracturing regulations -- Bloomberg - Jul 18: Interior Secretary Sally Jewell drew on her experience as a former oil-industry engineer to defend...more

California Environmental Law and Policy Update - January 10, 2013

by Allen Matkins on

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

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