Groundwater

News & Analysis as of

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to...more

Cabot Oil & Gas Continues to Fight $4.24 Million Federal Court Jury Verdict on Landowners’ Nuisance and Negligence Claims

After a recent round of post-trial motion briefing in Ely v. Cabot Oil & Gas Corp., Case No. 3:09-cv-02284-MCC (M.D. Pa.), it appears one of the most heavily publicized landowner lawsuits against an exploration and...more

When Will They Ever Learn? CBD Files Another Questionable Lawsuit Against DOGGR

On August 3, 2016, the Center for Biological Diversity (“CBD”) filed suit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) and the State Water Resources Control Board (“Water Board”),...more

Pierce Atwood Environmental Regulatory Compliance Calendar

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

California Environmental Law & Policy Update - July 2016

Environmental and Policy Focus - Judge invalidates long-fought Delta management plan Sacramento Bee - Jun 24 - In a decision that could delay or complicate Governor Jerry Brown’s plan to build two huge...more

Does California Bear A Water “Windfall” From Deep-Aquifer Sources?

Stanford University released a study this week stating that California has three times more useable groundwater located in deep aquifers than previously estimated. This might come as welcome news to a state that continues to...more

California Environmental Law & Policy Update - June 2016 #4

Environmental and Policy Focus - PG&E to close Diablo Canyon, California's last nuclear power plant - Los Angeles Times - Jun 21 - Pacific Gas & Electric Co. (PG&E) announced on Tuesday that it plans to close...more

Updated Status of Oil-and Gas-Related Bills Proposed in California’s 2015-2016 Legislative Session

June 3, 2016 was the final deadline for oil- and gas-related bills introduced in the 2015-2016 legislative session to move through their house of origin. Below is a summary of those bills, many of which relate to natural gas...more

One Final Word on Peterborough Oil: Yes, MTBE Is An Additive

The final answer to the critical issue raised by the recent Peterborough Oil Company decision is that MTBE is an additive and is not, in MassDEP’s view, subject to the “oil exemption” under the Massachusetts Contingency Plan....more

Vermont’s Generalized Injury Claims from MTBE Contamination Time-Barred

On May 27, 2016, Vermont’s Supreme Court, in State of Vermont v. Atlantic Richfield Company, et al., ruled that the State of Vermont’s “generalized injury” claims “to state waters as a whole due to groundwater contamination...more

The Accommodation Doctrine Gets Its Feet Wet

Let’s start with a little background: Under the Accommodation Doctrine an oil and gas lessee has an implied right to use the land as reasonably necessary to produce and remove the minerals, but must exercise the right with...more

Eighth Circuit Reverses Class Certification in Vapor Intrusion Litigation

On May 20, 2016, the U.S. Court of Appeals for the Eighth Circuit reversed class certification in a case involving residential vapor intrusion claims, in Ebert et al. v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,...more

Climate Change Further Threatens MENA Water Security

Climate Change Further Threatens MENA Water Security - The Middle East and North Africa (MENA) is home to 14 of the 33 most water scarce countries globally, with six times less water availability than the worldwide...more

When Contract is Silent, Accommodation Doctrine Applies to Water Rights Disputes

A case that has been closely followed by oil and gas and other interests which involves groundwater disputes has now been decided by the Texas Supreme Court. In Coyote Lake Ranch, LLC, v. The City of Lubbock, decided on May...more

Land Use Matters: Alston & Bird LLP, May 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

North Carolina Court of Appeals Caps UST Damages to Diminution in Property Value

Illustrating the limits on damages available to North Carolina landowners in toxic tort cases, the North Carolina Court of Appeals upheld a trial court’s order capping damages at the diminution in the value of the...more

Michigan Court Defers to Regulator’s Concurrent Jurisdiction in UST Cleanup

In a decision highlighting a practical challenge in pursuing tort claims against some underground storage tank (“UST”) owners and operators, the Michigan Court of Appeals held that a trial court could nix a lawsuit stemming...more

Tenth Circuit Bars Class Tort Claims for Failing to Plead Injury

Underscoring the importance of pleading actual injury in a toxic tort class action, the U.S. Court of Appeals for the Tenth Circuit dismissed Oklahoma class claims that were based only on “reasonable concern” of future injury...more

Emergency Groundwater Sustainability Plan Regulations Adopted By California Water Commission

Key Principle: Sustainable Management Through Local Efforts - The California Water Commission unanimously adopted a demanding set of regulations to govern the creation and implementation of groundwater sustainability...more

EPA Region III Assesses Largest Superfund Stipulated Penalty Ever

The Rodale Manufacturing facility in Emmaus, Pennsylvania was added to the National Priorities List in 1991 after more than 50 years of electrical component manufacturing. Operations at the facility included electroplating,...more

Environmental and Industry Groups Challenge EPA Coal Ash Rule

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

Environmental Notes - May 2016

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

Fourth District Upholds EIR For Cadiz Mojave Desert Groundwater Pumping Project Against Various CEQA Challenges

In the second of two published opinions filed May 10, 2016, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding the lead agency designation and EIR for a controversial project proposing to pump...more

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