State AG Pulse | AGs: The Dukes of (Environmental) Hazard
Williams Mullen Manufacturing Edge: Environmental Enforcement in the Current Regulatory Climate
[Webinar] EHS in the Cannabis Industry: What Happens When the E stands for Enforcement?
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
FERC: A Discussion on its Mission, Market Manipulation Investigations, and Common Violations
On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more
On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more
On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more
Those of us who had the good fortune to vacation on Cape Cod as children in the 1960s or 1970s remember a fabulous vacation escape with miles of pristine beaches, cozy cottages, souvenirs, and wonderful food. Many who...more
BEFORE THE SUPREME COURT OF THE ENVIRONMENT - DeMo Crate, LLC, Plaintiff, vs. Republic Canning Co., Defendant. JKDNG:02292022 RULING ON APPEAL - Justice Toldyu delivered the opinion of the Court, in which...more
The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more
A United States District Court (N.D. California) (“Court”) addressed in an April 22nd Order whether the statute of limitations (“SOL”) barred a Clean Water Act (“CWA”) citizen suit action. See Clarke v. Pacific Gas & Electric...more
Interested Parties Review of Draft Hazardous Waste Management Rules: Ohio EPA has made a package of draft amended and no-change Hazardous Waste Management Program rules available for review by Interested Parties. The package...more
Early Stakeholder Outreach – Review 2021 Rules: Ohio Environmental Protection Agency (OEPA), Division of Environmental Response and Revitalization (DERR), is seeking early stakeholder input on amendments to the Hazardous...more
The Washington State Attorney General (“AG”) filed on May 7th a Complaint in the United States District Court (Eastern District of Washington) against Crown Resources Corporation and Kinross Gold for alleged violations of the...more
On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a permit under the Clean...more
On 23 April 2020 the Supreme Court, in a 6-3 opinion written by Justice Stephen Breyer, waded carefully into the very-muddied waters of Clean Water Act (CWA) jurisprudence when it issued a new test to determine when the...more
Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National...more
The Supreme Court ruled on April 23, 2020 that federal law can require a permit for pollutant discharges that travel through groundwater to surface water. The Court’s ruling establishes a new standard by which a Clean Water...more
Last week, the Supreme Court addressed a longstanding issue about whether pollutants discharged to groundwater but that eventually reach a navigable water of the United States are subject to federal regulation under the Clean...more
On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more
In a landmark ruling, the United States Supreme Court has held that, under section 301 of the federal Clean Water Act (CWA), a discharge of pollutants from a point source to groundwater is subject to regulation under the CWA,...more
The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more
In Brooks v. Byler et al., Marion County Circuit Court Case No. 19CV27798, the Marion County Circuit Court rebuked the Oregon Water Resources Department’s (OWRD) attempt to regulate groundwater users based on OWRD’s blanket...more
In recent years, Wisconsin generally has been a pro-policyholder jurisdiction when it comes to long-tail environmental coverage cases. That trend continues with a decision by a Wisconsin appellate court in a case involving...more
A United States District Court (Western District of Washington) addressed the United States Environmental Protection Agency’s (“EPA”) request for access to real property in King County, Washington to undertake certain...more
The Illinois Attorney General (“AG”) announced in a February 14th news release that a lawsuit had been filed against Delaware-based GFL Environmental Services USA Inc. (“GFL”) in regards to an alleged 200,000 gallon leak of...more
The New Mexico Environment Department (“NMED”) announced in a December 4th news release that it issued a Notice of Violation (“NOV”) to the United States Air Force (“Air Force”) regarding PFAS and Poly-Fluoroalkyl Substances...more
A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more