[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Key Takeaways - • What Is Happening? The U.S. Environmental Protection Agency (EPA) published a proposed rule requiring certain facilities to prepare Facility Response Plans (FRPs) for responding to worst case discharges...more
In a significant environmental crime enforcement action, the Justice Department resolved criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29...more
On January 15, 2021, the US Environmental Protection Agency (the EPA) announced that it approved an application from the State of Texas to administer the National Pollutant Discharge Elimination System (NPDES) program for...more
New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more
N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more
On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more
Industry Expert Insights - We reached out to a well-known expert in Mexico in the energy and legal industries to get his thoughts on the current energy climate. Juan Serra is a partner in the Mexico City office of...more
That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more
In mid-May 2019, the Environmental Protection Agency (EPA) released for public comment its draft Study of Oil and Gas Extraction Wastewater Management under the Clean Water Act. The purpose of the study was to document EPA’s...more
The Region 6 Office of the United States Environmental Protection Agency (“EPA”) and Redrock Energy, Inc. (“REI”) entered into a Consent Agreement and Final Order (“CA”) addressing an alleged violation of Section 311 of the...more
Trump Eyes Action to Limit States' Powers to Block Pipelines - "The Trump administration is considering taking steps to limit the ability of states to block interstate gas pipelines and other energy projects, according to...more
The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more
The United States Department of Justice (“DOJ”) issued a June 5th news release stating that Fuel Bio One LLC (“FBO”) pleaded guilty to an alleged Clean Water Act violation. FBO allegedly discharged over 45,000 gallons of...more
The United States Environmental Protection Agency (“EPA”) and Fraticelli Oil Company (“FOC”) entered into an April 23rd Expedited Settlement Agreement (“ESA”) for alleged violation of Section 311(b)(3) of the Clean Water Act....more
Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more
Our Environment, Land Use & Natural Resources Group discusses the Fourth Circuit’s decision to allow a Clean Water Act class action suit to move forward. - Upstate Forever v. Kinder Morgan Energy Partners - The plain...more
It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more
On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more
The United States Environmental Protection Agency (“EPA”) and HollyFrontier Transportation LLC (“HT”) entered into a December 8th Combined Complaint and Consent Agreement (“CA”) addressing an alleged violation of Section 311...more
As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more
Have one or several playa lakes on or near a well pad in the Permian Basin? An access road nearby an ephemeral tributary of the Green River in the Uintah Basin? A pipeline that traverses lands dotted with prairie potholes in...more
The Federal Water Pollution Control Act — more commonly known as the Clean Water Act — establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other...more
On September 4, 2014, U.S. District Judge Carl Barbier issued findings of fact and conclusions of law for the trial of the MDL of the Gulf Oil Spill, which included findings that the oil spill was the result of BP Exploration...more