On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more
EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more
A United States District Court (W.D. Texas, “Court”) addressed in a June 11th Decision issues arising out of a Clean Water Act citizen suit enforcement action. See Ragsdale v. JLM Construction Services, Inc. 2024 WL 2933009. ...more
The James Howard Mize and Patricia Dean Mize Joint Revocable Trust (“Trust”) filed in the Circuit Court of Faulkner County, Arkansas on August 19th a Complaint against the following two corporations and one individual: ...more
The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more
Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more
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
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more
An environmental advocacy organization on July 23 filed a lawsuit against the City of Los Angeles over the Port of L.A.'s stormwater treatment system. At issue is a 53-acre portion of the port on Terminal Island where...more
A pilot program covering 10 Pennsylvania counties – including Bucks, Chester, Lehigh and Montgomery counties – aims to shorten review times for individual NPDES stormwater construction permits by 42 percent. The Pennsylvania...more
Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids,...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and K&M Excavating, LLC (“K&M”) entered into a May 13th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more
The United States Environmental Protection Agency (“EPA”) issued a May 21st news release stating it had entered into a settlement with Navisun, LLC (“Navisun”). Navisun is described as a solar energy company based in...more
As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years. Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more
Co-Author Minoah Milam The Court of Appeals of Minnesota (“Court”) addressed in a May 20th Opinion, issues arising out of a landowner’s actions to address water flow onto her property. See Plymouth v. Kristensen No....more
Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more
EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more
The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“ADEQ”) and M&S Properties, LLC (“M&S”) entered into an April 15th Consent Administrative Order (“CAO”) addressing alleged violations of...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Hinds County, Mississippi, entered into a January 29th Agreed Order (“AO”) addressing an alleged violation of Miss. Code Ann. § 49-17-29(2)(b). See Order No....more
I had the opportunity this week to attend a National Association of Flood and Stormwater Management Agencies (NAFSMA) Mentoring Session on the Future [of] Flood Risk Data. This session, offered by NAFSMA in partnership with...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Tripp Property Clearing (“TPC”) entered into a January 30th Consent Administrative Order (“CAO”) addressing alleged violations of...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Strong River Construction, LLC (“Strong River”) entered into a January 10th Agreed Order (“AO”) for alleged failure to obtain coverage under the Mississippi...more
The Los Angeles Regional Water Quality Control Board has drafted a National Pollutant Discharge Elimination System permit for commercial, industrial, and institutional (CII) facilities. Our Environment, Land Use & Natural...more
On February 29, 2024, the Colorado Department of Public Health and Safety (CDPHE) withdrew its prior amended version to the Industrial Stormwater General Permit for Non-Extractive Industries, COR900000 — even before its...more