On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
CCUS: Understanding The Class VI Permitting Process
Federal Contracting Overseas: Insider Tips for Ensuring Compliance with Host Country Laws
On-Demand Webinar | Charting a Course for Offshore Wind Energy in California
Wiley Webinar: Biotech Briefings – U.S. Department of Agriculture – Plant Pests and Importation Part 330
Jones Day Talks: Developments in Germany's Wind Power Regulations
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
How Trump's Infrastructure Plan Impacts the Energy Industry
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
Do you know the restrictions for a probationary driver in New Jersey?
California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing
To follow up our prior Environmental Blog discussing the proposed amendments to the Site Remediation Reform Act (SRRA) 2.0, another significant change relates to the remedial action permit (RAP) framework, aiming to...more
Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and...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
Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more
A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more
For many facilities and construction sites, the routine practical problems arising from wet weather go with the territory. However, if stormwater management is compromised or if flooding and coastal storm surges occur, a...more
The United States Environmental Protection Agency (“EPA”) issued an October 2018 publication titled: Low Flow Statistics Tools – A How-To Handbook for NPDES Permit Writers (“Handbook”) - See EPA-833-B-18-001. EPA...more
My law firm colleague Jordan Wimpy undertook a presentation at the October 4th Arkansas Environmental Federation Annual Conference titled: Does a Discharge to Groundwater Require an NPDES Permit? (“Presentation”)...more
The Clean Water Act (CWA) is facing an identity crisis. In the past year, conflicting federal court decisions have created a circuit split as to whether the CWA regulates pollutant releases into groundwater that is...more
On September 24, 2018, the US Court of Appeals for the Sixth Circuit ruled that the Clean Water Act (CWA) does not require a National Pollution Discharge Elimination System (NPDES) permit for the discharges of pollutants to...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
Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more
A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more
On Feb. 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a highly anticipated decision in Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018). At issue was whether the County of Maui...more
The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more
The regulated community should plan for an increased level of agency oversight, inspection and enforcement and increased public involvement. Although there has been much finger pointing as to which party or parties may...more
U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more