New Upstream Pit Permitting Rules — Energy Law Insights
PFAS in Focus: Forever-Engineering With Trent Stober, HDR - Reflections on Water Podcast
On-Demand Webinar | Flood or Drought? A Discussion of the Election’s Potential Legislative Impacts on the Water Sector
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Water Rights with Eric Garner: Prescriptive Rights
Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
Our Environment, Land Use & Natural Resources Group dives into a proposed rule to further clarify federal jurisdiction over waters of the United States (WOTUS) following the Supreme Court’s Sackett ruling....more
Overview The Connecticut Department of Energy and Environmental Protection (DEEP) has released the "Release Characterization Guidance" (RCG), a detailed roadmap for environmental professionals tasked with investigating,...more
The United States District Court for the District of New Jersey, applying New Jersey law, held that a bad faith claim against an insurer must be dismissed when it is rooted in the same conduct as the breach of contract claim,...more
Federal wildlife officials on Monday denied listing the Western Coast Chinook salmon as threatened or endangered under the federal Endangered Species Act....more
In a recent development involving the landmark settlement between the New Jersey Department of Environmental Protection (NJDEP) and 3M, a New Jersey county has asked to be excluded from the settlement, stating it intends to...more
The New Jersey Attorney General and the New Jersey Department of Environmental Protection in the Superior Court of New Jersey entered into a Consent Judgment (“CJ”) with seven defendants pursuant to the New Jersey Spill...more
The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers on Nov. 17, 2025, announced the release of a proposed rule revising the definition of "waters of the United States" (Proposed WOTUS Rule). The...more
The Court of Appeal again confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during...more
The Missouri Court of Appeals, applying Missouri law, held that insurers had no duty to defend or indemnify a defense contractor in connection with a class action alleging failure to warn of groundwater contamination. Certain...more
The U.S. Environmental Protection Agency has proposed dramatic changes to environmental regulations in recent months, including its announcement, in March, of what it called the “biggest deregulatory action in U.S. history.” ...more
Join Troutman Pepper Locke attorneys Jerry Higdon and Case Towslee as they detail the latest waste permitting rules from the Railroad Commission, effective July 1st. This insightful discussion explores the new registration...more
Exxon Mobil last Friday filed suit in federal court challenging two California laws that would require the oil company to report greenhouse gas emissions resulting from the use of its products globally. The 30-page complaint,...more
California law requires the Department of Water Resources (DWR) to create, promulgate, and update every five years the California Water Plan (Plan). The Plan is intended to provide a comprehensive strategy for the sustainable...more
The California Court of Appeal has ruled that preliminary work can begin on the Delta Conveyance Project, a controversial proposal to build a 14-mile underground tunnel to transport water from Northern California southward....more
While site and ground-related risks are important considerations for all construction projects, tunnelling and underground works are inherently more complex and significantly more sensitive to these risks than above-ground...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued a September 12th Order addressing a Petition for Review of two Underground Injection Control Permit decisions EPA Region 8...more
The 2025 Oregon Legislative Session ran from January 21 to June 27 and was marked by fiscal uncertainty and systematic challenges as the Capitol community grappled with how to process a record 3,466 bills introduced. Within...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves....more
The U.S. District Court for the Southern District of Georgia recently confirmed that stormwater is considered a pollutant for purposes of the standard pollution exclusion contained in a Commercial General Liability (CGL)...more
It has now been over a year since PFOA and PFOS – two types of PFAS – were designated as hazardous substances under CERCLA, the federal Superfund law. Among the consequences of these designations was that PFOA and PFOS...more
On September 10, 2025, the U.S. Environmental Protection Agency (EPA) announced a final rule granting Arizona primacy to administer all classes of underground injection wells under the Safe Drinking Water Act (SDWA). This...more
The Idaho Department of Environmental Quality and Idaho State Department of Agriculture (collectively, “IDEQ”) entered into an August 15th Draft Consent Judgment (“CJ”) with J.R. Simplot Co. and Simplot Livestock Co....more
The Arkansas Department of Agriculture announced the next Water Well Construction Committee (“Committee”) will meet on September 10th. The Committee will meet at 9:30 A.M. at the Arkansas Department of Agriculture’s Natural...more
With new scientific information and legal developments emerging daily, concerns over per- and polyfluoroalkyl substances (PFAS) contamination have moved from future threat to present liability —including for buildings that...more
The Missouri Department of Natural Resources (“MDNR”) and Charleville, LLC (“Charleville”) entered into a July 14th Administrative Order on Consent (“AOC”) addressing alleged violations of the Missouri Safe Drinking Water Act...more