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McGuireWoods LLP

Contaminants Compass: September 2024 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses how...more

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

Current/Long-Term U.S. Environmental Protection Agency Clean Water Act Related Rulemakings: Association of Clean Water...

The Association of Clean Water Administrators (“ACWA”) published in its current newsletter a link to described as follows: ACWA rules chart updated to reflect current and long term relevant EPA clean water related actions....more

Morgan Lewis

Electric Utilities Affected by Recent EPA Regulation May Benefit from Legacy Liability Insurance Policies

Morgan Lewis on

The US Environmental Protection Agency (EPA) on May 8, 2024 expanded the obligations of coal-fired power plants to remediate coal ash-related groundwater impacts with amendments to the federal Coal Combustion Residual (CCR)...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Williams Mullen

EPA Expands Conditions for 401 Water Quality Certifications

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The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United...more

Brownstein Hyatt Farber Schreck

Brownstein Clients Successfully Advocate Against Nationwide Injunction and Secure Ruling Permitting USFS to Continue Use of Aerial...

Notwithstanding the increasing size and severity of wildfires over the past decade, certain plaintiff groups have sought to constrain the government’s response to wildfires. Brownstein was honored to have the opportunity to...more

Brownstein Hyatt Farber Schreck

A New Frontier in Class VI Carbon Storage Permitting on the Horizon

A promising long-term carbon storage solution could become more viable as the federal government and several states look to speed up the Class VI injection well permitting process. The Safe Drinking Water Act requires the...more

Goldberg Segalla

Long Island Water Districts Settle Claims Arising from Alleged 1,4-Dioxane Contamination

Goldberg Segalla on

You may have read about the slew of lawsuits filed over the past few years by Long Island water districts seeking to recover damages arising from alleged contamination of drinking water supplies by 1,4-dioxane...more

Foley Hoag LLP - Environmental Law

Maui’s “Functional Equivalent” Test: Courts Are Still Feeling Their Way

Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui. The decision is not a...more

Brownstein Hyatt Farber Schreck

Bridging Intention and Outcomes

Panel discussion takeaways on the intersection of environmental justice, groundwater management and how to better include diverse stakeholders in natural resource issues. On March 24, 2021, the Groundwater Resources...more

Dechert LLP

PFAS: Expected Litigation Trends

Dechert LLP on

Key Takeaways - The PFAS litigation landscape – already involving PFAS manufacturers and purchasers of PFAS-containing fluoropolymers and firefighting films – is in the process of expanding, which is putting new companies and...more

Stoel Rives - Environmental Law Blog

Update: State Water Board Adopts Final Winery General Order

At its January 20, 2021 Board meeting, the State Water Resources Control Board (“SWRCB” or “Board”) adopted its final General Waste Discharge Requirements (“WDRs”) for Winery Process Water (“Winery Order”) and associated...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #4

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Congress sends landmark conservation bill to White House - Bullet The New York Times – July 22 - The U.S. House of Representatives on Wednesday passed a measure that, for the first time, guarantees maximum annual funding...more

Allen Matkins

California Environmental Law & Policy Update - February 2020

Allen Matkins on

Governor Newsom proposes new plan for San Joaquin River Delta - Governor Gavin Newsom revealed a novel approach Tuesday to managing the San Joaquin River Delta that would keep more water in the fragile delta while restoring...more

Snell & Wilmer

Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

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The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more

Foley Hoag LLP - Environmental Law

The Science Advisory Board Agrees With Me!

At the end of the December, the EPA Science Advisory Board posted the text of a letter that the SAB intends to send to Administrator Wheeler concerning the administration’s proposed revision to the WOTUS rule. The SAB’s...more

Holland & Knight LLP

Solicitor General Tells SCOTUS EPA Poised to Act on CWA Comments

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On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more

Womble Bond Dickinson

Supreme Court Shows Apparent Interest in Reviewing “Hydrologic Connection” Theory of Clean Water Act Liability

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The US Supreme Court may be poised to review two 2018 decisions in the Fourth and Ninth Circuits, both of which applied the so-called ‘hydrological connection” theory to extend jurisdiction of the Clean Water Act (“CWA”) to...more

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

Oil/Natural Gas Wastewater, Recycling and Reuse: U.S. Environmental Protection Agency and New Mexico Announce Release of Draft...

The United States Environmental Protection Agency (“EPA”) announced in a November 9th news release the release of a draft white paper (“Paper”) which addresses New Mexico and federal regulatory management of produced water. ...more

Holland & Knight LLP

Latest PFAS Developments

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On June 19, 2018, the Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup (BWSC) issued its Interim Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the...more

Allen Matkins

California Environmental Law & Policy Update - April 2016 #4

Allen Matkins on

Environmental and Policy Focus - Three Michigan state and local officials face first criminal charges in Flint water crisis - The Guardian - Apr 20 - Three state and local officials involved in Flint’s water...more

Allen Matkins

Renewable Energy Update - October 2015 #4

Allen Matkins on

Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

Manatt, Phelps & Phillips, LLP

EPA Releases Draft Assessment of Potential Hydraulic Fracturing Impacts on Drinking Water Resources

On June 4, 2015, the U.S. Environmental Protection Agency (EPA) released a draft of its highly anticipated study, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources (the...more

Stoel Rives LLP

Proposed Assembly Bill 356 Would Require Additional Groundwater Monitoring by Oil & Gas Operators

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California Assemblymember Das Williams (D-Carpinteria) has introduced an oil and gas bill to ensure that the state comes into compliance with the Class II underground injection (“UIC”) requirements under the federal Safe...more

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