News & Analysis as of

Groundwater Pipelines

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat – Case Law Update (February 2022)

It is already early in 2022, but several important environmental cases have already been decided by the federal district and federal appellate courts. THE COURTS OF APPEAL - The U.S. Court of Appeals for the Fourth Circuit ...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #2

Allen Matkins on

White House directs agencies to relax enforcement - Los Angeles Times – September 9 - A memorandum produced by the White House Office of Management and Budget and sent to federal agency heads last week instructs them to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2020 #4

Cancelled Teck Oil Sands Project Underscores Global Climate-Energy Policy Tension - "The Frontier project became the latest casualty in oil-producing countries with robust environmental movements agitating to cut...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Roundup – May 2019

Federal Courts of Appeal - Dam Claims Collapse - On May 7, 2019, the U.S. Court of Appeals for the Eleventh Circuit decided the case of Navelski, et al. v. International Paper Company....more

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

Does a Discharge to Groundwater Require an NPDES Permit? Arkansas Environmental Federation Water Conference Presentation...

I under took a presentation at the April 18th Arkansas Environmental Federation Water Conference (“Conference”) titled: Does a Discharge to Groundwater Require an NPDES Permit? (“Presentation”) The Presentation focused...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2018

China's Provinces are Secretly Building Coal Plants in Defiance of the National Government - "CoalSwarm, a global network of researchers tracking fossil-fuel infrastructure, analyzed satellite imagery as of July 2018, and...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - July 2018

Informing Illinois recently published two alerts. The first considered a Fourth Circuit decision that opens the way for citizen suits over point source discharges to groundwater, a decision that could impact municipalities...more

Hinshaw & Culbertson LLP

CWA Liability Expanded to Include Migrating Groundwater Contamination with a "Direct Hydrologic Connection" to Jurisdictional...

On April 12, 2018, the Fourth Circuit Court of Appeals held that the Clean Water Act (CWA) regulates point source discharges through groundwater with a "direct hydrologic connection" to the surface water. The Court's 2-1...more

Farella Braun + Martel LLP

Discharges Through Groundwater: Fourth Circuit Expands CWA Jurisdiction

A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2018 #3

Study Finds No Evidence of Groundwater Contamination Attributable to Natural Gas Development - "A multi-year study conducted by researchers at the University of Cincinnati, and partly funded by organizations opposed to...more

Pillsbury - Gravel2Gavel Construction & Real...

Fourth Circuit Weighs In On Scope of CWA

On April 12, a significant Clean Water Act (CWA) ruling has been made by the U.S. Court of Appeals for the Fourth Circuit. The Fourth Circuit, in a split decision, held, in a case of first impression in this circuit, that the...more

Farella Braun + Martel LLP

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

Beveridge & Diamond PC

Fourth Circuit Joins Ninth In Holding That “Indirect” Discharges May Violate the CWA

Beveridge & Diamond PC on

On April 12, the Fourth Circuit became the second federal court of appeals this year to hold that a point source need not directly introduce pollutants into navigable waters in order for the Clean Water Act’s (CWA)...more

King & Spalding

Energy Newsletter - March 2018

King & Spalding on

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

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

Clean Water Act Jurisdiction/Groundwater: National Association of Clean Water Agencies Amicus Brief

The National Association of Clean Water Agencies (“NACWA”) joined a number of organizations in filing an Amicus Brief on September 8th with the United States Court of Appeals for the Fourth Circuit in the case styled Upstate...more

Davis Wright Tremaine LLP

A Win for Appropriative Water Rights

In an unpublished opinion released August 24th, the Ninth Circuit rejected a long waged effort to upend the City of Bend’s water planning by forcing it to abandon its vested surface water rights in favor of an all-groundwater...more

Allen Matkins

California Environmental Law & Policy Update - June 2016 #4

Allen Matkins on

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

Stoel Rives - Environmental Law Blog

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

BakerHostetler

Toilet to Frac: Legal and Practical Aspects of Using Municipal Effluent for Fracing in Texas

BakerHostetler on

Thus far, the idea of using purified municipal sewage effluent—“reclaimed water” in industry parlance—for city water supplies has proven a tough sell. Human psychology poses significant barriers to overcoming the “toilet to...more

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