News & Analysis as of

Wastewater

RLUIPA Round Up

The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more

Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included...more

Leave It to the States: Oklahoma Federal Court Dismisses Fracking Suit In Favor Of Administrative Regulation

by Liskow & Lewis on

On April 4, 2017, a federal district court dismissed a citizen-enforcement action under the Resource Conservation and Recovery Act that could have profound impact on fracking suits against the oil and gas industry. In...more

District Court Invokes Burford Abstention and Primary Jurisdiction Doctrines to Dismiss RCRA Citizen Suit

The U.S. District Court for the Western District of Oklahoma has dismissed the Sierra Club’s Resource Conservation and Recovery Act (RCRA) citizen suit, filed against several oil and gas producers seeking declaratory and...more

EPA Wastewater Settlement Highlights Industry Focused Enforcement Initiative

by Williams Mullen on

EPA and the Department of Justice recently settled a Clean Water Act enforcement action with EMD Millipore Corp. of Jaffrey, NH, by lodging a Consent Decree in the U.S. District Court for the District of New Hampshire. The...more

Kern County Judge Grants Injunction, Blocking Blanket Enforcement of Oil Field Aquifer Exemption Regulations

by Stoel Rives LLP on

A reported in a prior blog post, the Western States Petroleum Association (“WSPA”) sued the California Department of Conservation and the Division of Oil, Gas and Geothermal Resources (jointly, the “Department”) in Kern...more

Top Five Issues to Watch in Arizona Water Law

by Snell & Wilmer on

Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome...more

Oregon Supreme Court Confirms Oregon RCRA and Related Rules Impose Strict Liability

On February 9, the Oregon Supreme Court affirmed the decisions of the Oregon Environmental Quality Commission (OEQC) and the Oregon Court of Appeals that Oil Re-Refining Company (ORRCO) was strictly liable for “simple”...more

Los Angeles Regional Water Quality Control Board Approves Second Extension to Malibu Septic Prohibition Deadlines

by Latham & Watkins LLP on

On February 2, 2017, the Los Angeles Regional Water Quality Control Board (the Regional Board) approved a Revised Memorandum of Understanding (the 2017 MOU) between the City of Malibu (the City), the Regional Board, and the...more

Oil Industry Caught in “Catch-22” with New Wastewater Injection Approval Requirements; Files Suit Against California Agencies

by Stoel Rives LLP on

On January 19, 2017, three oil industry trade groups filed suit against the California Department of Conservation and the Division of Oil, Gas and Geothermal Resources (“DOGGR”) (jointly “Department”) in Kern County Superior...more

$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program

On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act...more

80% of Oil and Gas Injection Wells under EPA Review Will Not be Shut-In on February 15

by Stoel Rives LLP on

As an update to our prior blog post, on January 17, 2017, the California Division of Oil, Gas and Geothermal Resources (“DOGGR”) released a letter sent to notify the U.S. Environmental Protection Agency (“EPA”) of...more

Fracking, Earthquakes and Civil Authority

by Zelle LLP on

In last week’s post, we discussed the rapid development of the hydraulic fracturing (“fracking”) industry in the United States, and some of the innate risks presented by those operations. In particular, the post focused on a...more

EPA Publishes Study on the Impacts of Fracking on Drinking Water

by Freeborn & Peters LLP on

Since the beginning of the fracking boom, the potential impact of fracking operations upon groundwater has been a hotly contested area. The most recent addition to the public debate is a new EPA report, entitled “Hydraulic...more

EPA Adopts the Dental Amalgam Rules

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In another rule aimed at small business, the EPA has just issued a rule for Effluent Limitations Guidelines and Standards for the Dental Category. The rule will add more federal compliance costs to already...more

EPA Releases Final Report on Impacts on Drinking Water from Hydraulic Fracturing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With significant objection from Industry, EPA has issued its Final Report on whether hydraulic fracturing activities can impact drinking water resources under certain circumstances. The U.S....more

Pennsylvania’s New Oil and Gas Regulations for Unconventional Wells – Part 2: Recent developments; waste management,...

by Cohen & Grigsby, P.C on

Part 1 of this Client Alert provided background on Pennsylvania’s new regulations for unconventional oil and gas wells – published on October 8, 2016 as Chapter 78a (the “Chapter 78a Regulations”) – and highlighted sections...more

EPA Plays Defense in Mine Disaster

by Williams Mullen on

EPA finds itself in unfamiliar territory as the agency defends its involvement in a multi-state environmental disaster. In 2015, a contractor acting under EPA’s supervision used an excavator to dig away tons of rock and...more

UPDATE: Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

by Stoel Rives LLP on

Update: September 26, 2016 - On September 21, 2016, the Honorable George C. Hernandez, Jr. issued the final Statement of Decision, which affirmed the tentative decision denying all claims for relief. The court denied...more

Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

by Stoel Rives LLP on

As reported in a previous blog post, Earthjustice, on behalf of the Center for Biological Diversity (“CBD”), filed a lawsuit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) in May 2015. The...more

Water P3s Now on Tap in South Florida

Florida was an early pioneer in the United States of the public-private partnership (“P3”) model as a means of funding infrastructure improvements. In South Florida alone, we have the Florida Atlantic University dormitory,...more

Wastewater Treatment Becomes Another Area for Public-Private Partnership

by Best Best & Krieger LLP on

The Milwaukee Metropolitan Sewerage District has extended its agreement with Veolia North America to manage and operate its collection and wastewater treatment system under a 10-year, $500 million contract, according to this...more

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

by Snell & Wilmer on

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

Murky Waters Following the Gold King Mine Spill

by Snell & Wilmer on

In the wake of actions taken on August 5, 2015 by contractors for the United States Environmental Protection Agency (EPA) that resulted in the Gold King Mine Spill, western states that rely on water from the Animas River, the...more

2016 Florida Legislative Post-Session Report

by Carlton Fields on

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida...more

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