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Clean Water Act › Hazardous Waste

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

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

Residential Property Sales/Superfund: Proposed Maryland Legislation Requiring Contract Disclosure of Area National Priority List...

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Legislation (“SB 125”) was introduced into the Maryland General Assembly (2024 Session) that would require the seller of any residential property located within 0.5 miles of a National Priority List (“NPL”) Superfund...more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

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On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

Allen Matkins

California Environmental Law & Policy Update 10.06.23

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The U.S. Environmental Protection Agency (EPA) has finalized a rule that will provide the agency, its partners, and the public with a dataset of certain per- and polyfluoroalkyl substances (PFAS) manufactured and used in the...more

Allen Matkins

California Environmental Law & Policy Update 8.11.23

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Monterey County's voter-approved ban on new oil and gas wells is invalid because state law authorizes and promotes oil and gas production, the state Supreme Court ruled unanimously last Thursday. Next year, California voters...more

Allen Matkins

California Environmental Law & Policy Update - 12.30.22

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The Biden administration today finalized its definition of which wetlands and waterways are protected by the Clean Water Act. The rule from the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers...more

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

RCRA Wastewater Treatment Unit Exemption: U.S. Environmental Protection Agency Interpretive Letter

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United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery Director Carolyn Hoskinson transmitted a September 9th letter providing an interpretation of the Resource Conservation and...more

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

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

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The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Farella Braun + Martel LLP

Summary of Latest Federal Action Regarding PFAS

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A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more

Allen Matkins

California Environmental Law & Policy Update - April 2022 #2

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Supreme Court reinstates Trump-era water rule, for now Bullet Associated Press - April 6 The Supreme Court this Wednesday reinstated a Trump-era rule curtailing the power of states and Native American tribes to block...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: OSHA, Air and Waters

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The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT - Truck Trailer Manufacturers Association,...more

Lathrop GPM

EPA Responds to Petition for PFAS Rulemaking

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EPA announced plans to initiate two rulemakings involving PFAS, one that would list four PFAS compounds as Hazardous Constituents under the Resource Conservation and Recovery Act (RCRA), the federal hazardous waste law, and...more

Cozen O'Connor

DuPont Reaches $3.35 Million Settlement over Allegations of Environmental Violations at Its Texas Chemical Plant

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Texas AG Ken Paxton and the U.S. Department of Justice reached a settlement with chemical companies E.I. du Pont de Nemours and Co. and Performance Materials NA, Inc. (collectively “DuPont”) to resolve numerous allegations of...more

Allen Matkins

California Environmental Law & Policy Update - September 2021 #4

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EPA rescinds previous administration’s guidance on Clean Water Act permit requirements - Water & Wastes Digest – September 21 - The U.S. Environmental Protection Agency (EPA) is rescinding its guidance document: “Applying...more

Vicente LLP

The Cannabis Industry’s Environmental Compliance Conundrum

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Operators in the nascent cannabis industry have a lot to worry about on a daily basis, but compliance with state and federal environmental laws hasn’t been an issue of concern for most. Instead, they’re concerned about...more

Farrell Fritz, P.C.

US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim

Farrell Fritz, P.C. on

In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for...more

Allen Matkins

California Environmental Law & Policy Update - August 2021 #3

Allen Matkins on

In a first, U.S. declares shortage on Colorado River, forcing water cuts - The New York Times – August 16 - With climate change and long-term drought continuing to take a toll on the Colorado River, the federal Bureau of...more

Woods Rogers

Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements

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In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises...more

Robinson & Cole LLP

U.S. Supreme Court Clarifies Predicates to CERCLA Contribution Actions - Guam v. United States, No. 20-382 (May 24, 2021)

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In siding with the Territory of Guam in its dispute with the United States over costs to clean up the Ordot Landfill, the Supreme Court has resolved a circuit court split over which types of administrative settlements trigger...more

Stoel Rives LLP

U.S. Supreme Court Decision Revives Guam Suit, Clarifies CERCLA, and Provides Cautionary Tale

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Does a consent decree under the Clean Water Act (“CWA”) trigger a three-year limitation period to bring a contribution claim under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) when the...more

Holland & Hart LLP

SCOTUS Seeks to Clarify Contribution Claims under CERCLA

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Last week, in its unanimous decision Guam v. United States, No. 20-382, the United States Supreme Court attempted to clarify a statutory question regarding the right to seek contribution that has been a source of uncertainty...more

Jackson Walker

Justices Hold CWA Settlement Does Not Start the Clock on CERCLA Limitations

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In Territory of Guam v. United States, the Supreme Court unanimously held that claims for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) require...more

Davis Wright Tremaine LLP

SCOTUS Clarifies Scope of CERCLA Contribution Claims

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This week, the U.S. Supreme Court decided the case of Guam v. United States, clarifying when contribution actions under CERCLA may be brought. In a unanimous decision overturning the D.C. Circuit, the Court held that a...more

Morgan Lewis

US Supreme Court: Settlement of CERCLA-Specific Liability Needed to Give Rise to CERCLA Contribution Claim

Morgan Lewis on

Reversing the US Court of Appeals for DC Circuit, a unanimous US Supreme Court held that Guam’s settlement of Clean Water Act liabilities did not give rise to and trigger the statute of limitations to bring a Comprehensive...more

Cole Schotz

Supreme Court To DOJ: “No”

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On Monday, the U.S. Supreme Court unanimously held that a settlement of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)-specific liability is required to give rise to a contribution action...more

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