Emphasis on Environmental Justice and Climate Change -
The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more
10/21/2021
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Enforcement ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NEPA ,
RCRA ,
Safe Drinking Water Act ,
Site Remediation ,
Strategic Planning ,
Toxic Substances Control Act (TSCA)
U.S. Army Corps of Engineers Enjoined from Using NWP 12 to Authorize “Utility Line Activities” in Jurisdictional Waters -
On April 15, 2020, a federal district court in Montana invalidated the United States Army Corps of...more
The newly-released movie Dark Waters, starring A-list actors Mark Ruffalo and Anne Hathaway, has increased public attention on a group of emerging chemicals called Per- and Polyfluoroalkyl substances (“PFAS”). This increased...more
11/26/2019
/ Clean Water Act ,
Dark Waters ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Legislative Agendas ,
Multidistrict Litigation ,
PFAS ,
State Legislatures ,
Toxic Chemicals
On Tuesday, October 22, 2019, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a final rule repealing the Obama Administration’s 2015 “WOTUS” rule, which set new and more expansive...more
Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in Insurance Policy -
Insurance coverage litigation arising out of the 2010 Deepwater Horizon...more
The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more
2/22/2019
/ Certiorari ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Navigable Waters ,
NPDES ,
Point Sources ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
SCOTUS ,
Waters of the United States ,
Wetlands
Clean Water Agencies Propose to Redefine and Limit “Waters of the United States” -
The United States EPA and the United States Army Corps of Engineers are proposing to redefine—and significantly limit—the scope of “Waters...more
The United States EPA and the United States Army Corps of Engineers are proposing to redefine—and significantly limit—the scope of “Waters of the United States” (“WOTUS”) that are subject to federal jurisdiction under the...more
On July 12, 2018, the United States Environmental Protection Agency (“USEPA”) and the United States Army Corps of Engineers (“USACE”) published a “Supplemental Notice of Proposed Rulemaking” soliciting additional comments on...more
Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses -
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the...more
5/14/2018
/ Clean Water Act ,
Energy Sector ,
Greenhouse Gas Emissions ,
Groundwater ,
Infrastructure ,
Insurance Industry ,
Liens ,
Mexico ,
Oil & Gas ,
Oil Wells ,
Private Funds
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the Clean Water Act (“CWA” or the “Act”) regulates discharges to groundwater that serves as a conduit between a point source and...more
A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”):
— The Fourth Circuit became the second appellate court in as many months to adopt the “conduit”...more
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
3/14/2018
/ Arbitration ,
Canada ,
Clean Water Act ,
Construction Industry ,
Duty of Care ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
France ,
Groundwater ,
Offshore Wind ,
Pipelines ,
Subsidiaries ,
UK ,
Wind Power
A recent Ninth Circuit decision has expanded Clean Water Act (“CWA” or the “Act”) liability, holding that discharges to groundwater are actionable if there is a “fairly traceable” connection between the groundwater discharge...more
The Supreme Court unanimously ruled that challenges to the Waters of the United States (“WOTUS”) Rule, which defines the jurisdictional reach of the Clean Water Act, must be resolved in federal district courts and not the...more