Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more
A lawsuit challenging the federal government’s interpretation of the U.S. Supreme Court’s latest ruling in Sackett v. EPA on waters of the United States, or WOTUS, was filed in U.S. District Court for the Eastern District of...more
Oil spills commonly occur when least expected and, even in smaller quantities can significantly disrupt business operations and create risks for enforcement and/or litigation. It’s important that companies are prepared and...more
Macy’s has been ordered to pay $1.6 million for environmental violations across its 98 California stores to settle a lawsuit filed by district attorneys from 25 California counties and two city attorneys. Macy’s “illegally...more
On May 11, 2023, the U.S. Department of Justice (DOJ) announced the launch of its Puerto Rico and U.S. Virgin Islands (USVI) Environmental Crimes Task Force. This new task force will focus specifically on combating...more
In 1990, Congress passed the Oil Pollution Act, also known as the OPA. The act was in response to the Exxon Valdez oil spill in 1989, and it amended the Clean Water Act of 1972. Its purpose was to avoid oil spills from...more
A federal judge in North Dakota on Wednesday temporarily blocked implementation of a Biden administration rule establishing protections under the federal Clean Water Act for seasonal streams and wetlands in 24 states....more
President Joe Biden unveiled a sweeping $6.8 trillion budget plan on Thursday that would increase federal spending on climate and clean energy programs while boosting pay for federal workers....more
Idaho has joined a Texas lawsuit over a new interpretation of the Clean Water Act’s “waters of the United States” (WOTUS) rule, alleging that it is too vague, oversteps the bounds of federal authority, and puts the liberties...more
Facing an onslaught of criticism that water was “wasted” during January storms, Governor Gavin Newsom on Monday issued an executive order authorizing the State Water Resources Control Board (SWRCB) to “consider modifying”...more
The U.S. Court of Appeals for the District of Columbia is set to rule on a challenge by an asphalt emulsions manufacturing company alleging that the EPA unlawfully required its facility to maintain a Facility Response Plan...more
City of San Diego sues 20-plus companies to force cleanup of PFAS contamination Bullet Times of San Diego - May 11 The San Diego City Attorney’s Office filed suit last Wednesday against more than 20 chemical companies for...more
California appellate court overturns Monterey County fracking ban - Courthouse News Service – October 12 - A California appeals court on Tuesday set aside a Monterey County measure banning hydraulic fracturing, or...more
The United States Environmental Protection Agency (“EPA”) and Union Pacific Railroad Company (“UP”) entered into a Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket No....more
The U.S. District Court for the Northern District of California has ruled that the Environmental Protection Agency (“EPA”) “delayed unreasonably” by waiting at least six years to finalize draft regulations updating its 1994...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
DEEP does not currently have regulations in place governing release/spill reporting. The regulations proposed in 2009 required that all spills over one gallon in volume and all historical spills be reported. Those have...more
The United States Court of Appeals, Sixth Circuit (“Court”), in a June 5th opinion addressed a challenge to the Pipeline and Hazardous Materials Safety Administration’s approval of an oil pipeline response plan. See National...more
Last week (June 1-7, 2020), the federal appellate courts released several important rulings. Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection - On June 3, 2020, the U.S. Court of Appeals...more
The United States Environmental Protection Agency (“EPA”) and Storm Oil, LLC (“Storm”) entered into a December 30th Consent Agreement (“CA”) addressing alleged violations of Section 311 of the Clean Water Act. See Docket No....more
The United States Environmental Protection Agency entered into a Consent Decree (“Decree”) with Delek Logistics Operating, LLC, and Sala Gathering Systems, LLC, (collectively Delek) to address alleged violations relating to a...more
Focus - Four automakers reach deal with California to increase fuel efficiency standards - The Washington Post – July 25 - Ford, Honda, Volkswagen, and BMW - major automakers with a combined 30 percent of the U.S....more
The United States Environmental Protection Agency (“EPA”) and Marathon Oil Company (“Marathon”) entered into a May 8th Consent Agreement (“CA”) addressing an alleged violation of Section 311 of the Clean Water Act. See Docket...more
Three environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Southern District of New York against the United States Environmental...more
Focus - California commits to eliminating all carbon sources of electricity by 2045 - REUTERS - Sep 10 Governor Jerry Brown on Monday signed into law Senate Bill 100, which requires the state to source electricity from...more