[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
As oil and natural gas are produced, brine and other wastewater are brought to the surface. This waste is then disposed of by Class II injection wells, categorized into three subclasses: saltwater disposal wells, enhanced...more
Iskandia Energy Operating, Inc. v. SWEPI LP is the latest installment in a growing line of Texas cases addressing various forms of subsurface trespass. Iskandia recognizes the possibility of a trespass claim due to unwanted...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued on November 15th a document titled: The EPA’s Fiscal Year 2024 Top Management Challenges (“Report’) See Report No....more
Maine wastewater treatment plants are currently facing intense challenges concerning disposal of their sewage sludge, also called “biosolids.” This is a fast-moving issue getting significant coverage in the media and...more
Beginning March 2023, all businesses operating in Mexico regardless of size will need to comply with new requirements for wastewater discharge into rivers, basins, watercourses, other bodies of water, and into any type of...more
The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as...more
In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 (Okla. June 14, 2022), the Oklahoma Supreme Court concluded that seismic activity caused by water waste disposal wells in oil and gas operations...more
The United States Department of Justice (“DOJ”) issued a February 9th news release stating that a federal grand jury in Bowling Green, Kentucky, issued an indictment charging Joshua M. Franklin with violating the Clean Water...more
The Biden administration has prioritized regulating Per- and Polyfluoroalkyl Substances (PFAS), which are a class of fluorinated chemicals used in products as varied as food packaging and fire-fighting foams because they are...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Paradise Ranch RV Resort (“Paradise”) entered into a September 6th Agreed Order (“AO”) relating to alleged failure to obtain a wastewater permit. See Order No....more
The Appellate Court of Illinois (Fifth District)(“Court”) addressed in an August 3rd Order a breach of contract action involving a leachate (i.e., wastewater) disposal agreement. See John Gordon, d/b/a Village of Ridgway...more
The new statewide General Waste Discharge Requirements (WDRs) for winery process water (Winery Order) adopted by the State Water Resources Control Board have spread concern across the wine industry. The Winery Order is...more
It is worthwhile for plant managers and environmental managers to pay attention to the types of cases involving environmental violations which are selected by regulators and prosecutors for criminal enforcement. That is...more
The Arkansas Department of Energy and Environment (“ADEE”) issued an August 16th Notice of Violation (“NOV”) to the City of Bethel Heights, Arkansas (“Bethel Heights”). See LIS No. 19-070. The NOV addresses alleged...more
The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more
The Alabama Department of Environmental Management (“ADEM”) and Advanced Disposal Services Eagle Bluff Landfill, Inc., (“ADS”) entered into a Consent Order (“CO”) addressing alleged Clean Water Act and solid waste violations....more
The United States Department of Justice (“DOJ”) issued a February 8th news release stating that Fuel Bio One, LLC (“FBO”) had been sentenced for an alleged violation of the Clean Water Act. The Elizabeth, New Jersey,...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
The United States Department of Justice (“DOJ”) issued a June 5th news release stating that Fuel Bio One LLC (“FBO”) pleaded guilty to an alleged Clean Water Act violation. FBO allegedly discharged over 45,000 gallons of...more
Last month, a local brewery was informed by the Water & Sewer Commission in its town that its wastewater contained more pollutants than was originally anticipated. Then last week, news broke that the brewery and the...more
Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more
On October 26, 2015, Grant Township, Pennsylvania, filed a Motion for Reconsideration of Western District of Pennsylvania District Court Magistrate Judge Susan Baxter’s October 14, 2015, ruling invalidating several elements...more
The Fourth Appellate District upheld the trial court’s award of less than 10% of the fees requested by the prevailing petitioner in a CEQA case, finding no abuse of the broad discretion accorded trial courts in awarding fees....more
On Wednesday, December 17, I gave a presentation to the Groundwater Resources Association (“GRA”). I reviewed the past year’s developments in California’s regulation of hydraulic fracturing and previewed my future...more