Latest Publications

Share:

Two PFAS Designated as CERCLA Hazardous Substances

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

Supreme Court Limits Reach of Clean Water Act

The U.S. Supreme Court, on May 25, 2023, narrowed the reach of the Clean Water Act, in the latest judicial effort to define the “waters of the United States” that Congress intended to regulate. Sackett v. Environmental...more

33rd Annual Land Use & Development Law Briefing - 2023

Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup Levels

The Washington State Department of Ecology (Ecology) recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl...more

7/21/2022  /  Contamination , MTCA , PFAS , Washington

Washington’s PFAS Chemical Action Plan: Another Piece in the Regulatory Patchwork

On November 3, 2021, the Washington Department of Ecology (Ecology) published its final PFAS Chemical Action Plan (Plan), which provides a roadmap for addressing uses and releases of those chemicals in Washington State to...more

Beyond Cradle to Grave: EPA Proposes to Regulate PFAS “Forever Chemicals” Under RCRA

In response to a petition from New Mexico Governor Michelle Lujan Grisham, the U.S. Environmental Protection Agency announced on October 26, 2021, that it will take steps toward regulating per- and polyfluoroalkyl substances...more

Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project Implications

The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs). The final rule, published on January 13, 2021, reissues 12 existing NWPs and issues four new NWPs....more

Closing the Clean Water Gap: Arizona DEQ Proposes State Protected Surface Waters Program

The Arizona Department of Environmental Quality, on November 6, 2020, introduced a proposed Protected Surface Water Program, which would regulate certain state surface waters that are newly excluded from the regulatory scope...more

EPA Proposes to Exempt Animal Waste From Reporting Requirements

EPA is currently reviewing comments on its November 14, 2018 proposed rule to exempt livestock farms from reporting routine farm air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA) and intends...more

Large Jury Verdicts in Hog Nuisance Cases Signal CAFO Litigation Is Rising

A federal jury last week returned a $473.5 million verdict against the world’s largest pork producer for nuisances caused by three industrial-scale hog farms. The verdict is the largest of three matching verdicts against...more

Industrial Landowners May Be Liable for Tenants’ Stormwater Discharges

In California Sportfishing Protection Alliance v. Shiloh Group, LLC, Case No. 16-CV-06499-DMR, 2017 WL 3136443 (N.D. Cal. Jul. 24, 2017), the United States District Court for the Northern District of California held that the...more

Agencies Release Proposed Rule to Rescind Obama-Era Clean Water Rule

The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

EPA Declines to Regulate Forest Road Discharges Under the Clean Water Act

The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more

Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in Court

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,...more

Supreme Court to Resolve Split on Court Review of Clean Water Act Jurisdictional Determinations

The U.S. Supreme Court decided last week to review a ruling from the U.S. Court of Appeals for the Eighth Circuit that jurisdictional determinations under the Clean Water Act are final agency actions subject to judicial...more

Federal Appeals Court Blocks Clean Water Rule Nationwide

In an attempt to “temporarily silence[] the whirlwind of confusion that springs from uncertainty,” the U.S. Court of Appeals for the Sixth Circuit has blocked the new rule defining “waters of the United States” under the...more

Federal Court Stops Clean Water Act Rule from Going into Effect in 13 States

On August 27, 2015, Chief Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a preliminary injunction that stops EPA’s and the Army Corps of Engineers’ new rule defining federal...more

Ruling Applies RCRA to Dairy Practices for the First Time

Community Ass’n for Restoration of the Envt. v. Cow Palace, The Dolsen Companies, and Three D, Case No. 13-3016 (E.D. Wash.) On January 14, 2015, Judge Thomas O. Rice of the Eastern District of Washington ruled that...more

EPA And Corps Of Engineers Release Proposed Rule On Scope Of Waters Covered Under Clean Water Act That Would Significantly Expand...

On April 21, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly published a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide