On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more
8/29/2023
/ Appeals ,
Attorney's Fees ,
CA Supreme Court ,
Discharge of Pollutants ,
Environmental Impact Report (EIR) ,
Failure to Prevent ,
NPDES ,
Petition for Review ,
Popular ,
State Water Boards ,
Wastewater ,
Water ,
Water Quality ,
Water Rights ,
Water Usage
The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more
10/18/2021
/ Appeals ,
Contamination ,
Drinking Water ,
Groundwater ,
Hazardous Waste ,
RCRA ,
Safe Drinking Water Act ,
Solid Waste ,
Summary Judgment ,
Waste Disposal ,
Water Supplies
For those seeking certainty and bright line tests, the U.S. Supreme Court is apparently not the right venue. On April 23, 2020, the Supreme Court issued a 6-3 majority opinion in County of Maui, Hawaii v. Hawaii Wildlife...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States