News & Analysis as of

Water Pollution Appeals

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Management Fees/Municipality: Federal Appellate Court Addresses Application to U.S. Corps of Engineers Properties

The Federal Circuit (“Court”) addressed an issue arising out of a municipality’s agreement to stormwater fees on federal property. See City of Wilmington v. United States, 68 F.4th 1365 (Fed. Cir. 2023). The question...more

Maron Marvel

Delaware Supreme Court Considers Responsibility for PCBs In the Environment

Maron Marvel on

The Delaware Supreme Court heard arguments in late March in a lawsuit on appeal by the State of Delaware seeking to hold Monsanto as a manufacturer responsible for polychlorinated biphenyls (PCBs) that have contaminated...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act Enforcement: U.S. Environmental Protection Agency Final Administrative Order to Osage County, Oklahoma,...

The United States Environmental Protection Agency (“EPA”) issued a Final Administrative Order (“Order”) to McCann Resources, Inc. (“MRI”) for alleged violations of the Safe Drinking Water Act (“SDWA”) Underground Injection...more

ArentFox Schiff

Maine Court Approves Consent Decree on Long-Running RCRA Suit, Rejects Request to Bar Future Claims

ArentFox Schiff on

Consent decrees play a major role in environmental litigation. This week, Maine People’s Alliance v. Holtrachem Manufacturing Company, one of the nation’s longest-running cases under the Resource Conservation and Recovery...more

Perkins Coie

Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject...

Perkins Coie on

The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust...more

Mintz

Overturning the 9th Circuit Vacaville Decision Would Restrict Plaintiffs' Misuse of RCRA and That's a GOOD thing!

Mintz on

The Natural Resources Defense Counsel has told the 9th Circuit Court of Appeals that overturning a three judge panel's "faithful application" of RCRA "could restrict private parties' abilities to use RCRA to address imminent...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFOA/PFOS Litigation - Insurance Coverage: New York Appellate Court Addresses Whether Policies Provide a Duty to Defend

The New York Supreme Court, Appellate Division (“Court”), addressed in a January 6th decision whether two insurance companies had a duty to defend an insured for damages related to the release of certain chemicals. See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Concentrated Animal Feeding Operations/Clean Water Act: Food & Water Watch Petition Challenging the U.S. Environmental Protection...

The organization Food & Water Watch (“FWW”) filed a document styled: Petition for Review of an Action by the U.S. Environmental Protection Agency (“Petition”) The Petition is filed pursuant to Section 509(b)(1) of...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

Rivkin Radler LLP on

Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Decision Excluding Coverage under Pollution Exclusion for Damage to Stream Caused by Rock Fines

In a sweeping decision, the U.S. Court of Appeals for the Fifth Circuit extended the absolute pollution exclusion to the unplanned discharge of “rock fines,” pellets produced during quarry operations, and denied coverage for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Residual Designation Rule: Los Alamos, New Mexico Files U.S. EPA Environmental Appeals Board Petition Challenging Stormwater/Water...

The County of Los Alamos, New Mexico (“Los Alamos”) filed a January 17th petition (“Petition”) challenging a United States Environmental Protection Agency (“EPA”) decision titled: Designation Decision and Record of Decision...more

Burr & Forman

Eleventh Circuit Rejects Environmental Groups’ Effort to Challenge Alabama NPDES Permitting Program Authority

Burr & Forman on

The Alabama Department of Environmental Management can finally breathe a sigh of relief, as the Court of Appeals for the Eleventh Circuit issued an opinion today affirming the U.S. EPA’s January 11, 2017 decision not to...more

King & Spalding

Supreme Court Declines to Review “Issue” Class Certification Decision in Toxic Tort Case

King & Spalding on

On March 18, the Supreme Court declined to review a Sixth Circuit decision affirming an Ohio federal court’s order certifying a class on specific issues in a groundwater pollution suit....more

Brooks Pierce

Clean Water Act Controversy

Brooks Pierce on

A point source by any other name. Federal Courts of Appeals have recently split on the question of whether pollution of surface water via groundwater is a violation of the Clean Water Act. The U.S. Supreme Court may weigh...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

WilmerHale

Ninth Circuit Holds Indirect Discharge of Pollutants Requires Clean Water Act Permit

WilmerHale on

Last week, the US Court of Appeals for the Ninth Circuit ruled that the Clean Water Act (CWA) does not require that pollutants be discharged directly from a point source into navigable waters for liability to attach. In...more

Morgan Lewis

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

Farella Braun + Martel LLP

New Ninth Circuit Decision Precluding CERCLA Liability for Airborne Emissions

Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more

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