As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more
The toughest question I ever got in Flint was in a church basement on the north side of town. At the time, I was heading up the EPA Region 5 response to the drinking water crisis. A mother asked me simply, “if we know lead is...more
The U.S. Environmental Protection Agency (EPA) is not immune from negligence claims that would “eviscerate” liability under the Federal Tort Claims Act (FTCA). So says United States District Judge Judith E. Levy in her...more
The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more
In what the Court of Appeals describes as “the infamous government-created environmental disaster known at the Flint Water Crisis,” a panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that some of the...more
Stemming from the recent drinking water crisis in Flint, Michigan, which has had life-lasting effects for many of its residents, including children, due to unsafe lead-related toxicity levels in the drinking water, New York...more
On December 20, 2016, Michigan’s Attorney General announced additional indictments in the Flint water crisis. The indictments against two former emergency managers and two former City of Flint executives bring to 13 the...more
The President has signed the Water Infrastructure Improvements for the Nation (WIIN) Act, which was passed by the House and Senate earlier this month. The WIIN Act legislation was originally called the Water Resources...more
It’s been a productive time for advocates of water in the U.S. with President Obama signing into law the Water Infrastructure Improvements for the Nation Act (WIIN). WIIN includes the Water Resources Development Act of 2016...more