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
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
In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to groundwater require a permit under the Federal Clean Water Act....more
A California Court of Appeal held that the EIR for a public water authority’s river diversion and water storage project adequately described the unadjudicated waters to be diverted and adequately analyzed impacts to water...more
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
But the less good news is that New York's first offshore wind project has to deal with endless NIMBY challenges at all after doing the work necessary to obtain the many federal, state and local permits the project needs, all...more
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged...more
Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme Court decision in Maui. The decision is not a...more
JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more
As climate change accelerates, clashes between states over water rights are heating up due to this resulting strained resource. The only court with authority to adjudicate these interstate disputes is the U.S. Supreme Court....more
Lawsuits present major liability risks to PFAS manufacturers and industries that historically used PFAS in their operations. Per- and polyfluoroalkyl chemicals (PFAS) are synthetic, human-made compounds that were...more
The proposal marks another instance of EPA follow-through on its 2019 PFAS Action Plan. The SDWA requires EPA to make regulatory determinations every five years based on whether chemicals in public water systems pose a...more
The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more
In the last year, litigation involving per- and polyfluoroalkyl substances (PFAS) has spiked across the nation. To date this litigation has been centered in eastern and mid-western states and the wave of litigation has yet to...more
There is no magic formula to prevent an industrial source from becoming the target of a costly third-party administrative or legal environmental challenge. These legal actions from environmental non-governmental entities...more
On Monday, divided panels of the U.S. Court of Appeals for the Sixth Circuit issued a pair of decisions holding that Clean Water Act (“CWA”) Section 301’s prohibition on unpermitted discharges does not apply to pollutants...more
A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more
Clean Water Act - In last month’s edition of Environmental Notes, we discussed the potential impact of two recent federal district court decisions finding that a citizen suit under the Clean Water Act (CWA) could be...more
The California appellate courts will soon be called on to decide an important and novel issue of California water law: whether the public trust doctrine applies to groundwater. The public trust doctrine holds that the state...more