In Barrow, the plaintiff-property owner filed an administrative appeal of the LAS permit and alleged that the partially treated wastewater sprayed by the City at the LAS site would runoff the site...
On February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a decision concluding that the federal Clean Water Act (CWA) applies to claims involving the discharge of pollutants...
On May 12, 2017, the U.S. District Court for the Middle District of Georgia issued a decision concluding that the federal Clean Water Act (CWA) applies to claims involving the discharge of pollutants...
Given the conflicting decisions, it is very likely that the U.S. Court of Appeals for the Fourth Circuit will soon address the CWA-groundwater pathway issue.
With
David Moore
In a split 2-1 decision, the 2d Circuit Court of Appeals affirmed EPA's 2008 "Water Transfer Rule" which exempted water management facilities from obtaining Clean Water Act National Pollutant Discharge Elimination System permits.
With
Stephen O'Day
Relying on its new authority under the Toxic Substances Control Act (TSCA), which was amended in summer 2016, EPA announced a proposed rule on December 7, 2016 which would ban trichloroethylene (TCE)...
With
Stephen O'Day
In the summer of 2016, Congress passed and President Obama signed into law an amended Toxic Substances Control Act (TSCA) which included, among other things...
With
Stephen O'Day
The case addresses NRDC's efforts to impose strict stormwater controls in Los Angeles County. It first made its way to the U.S. Supreme Court in 2012...
On July 27, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a decision in a novel air emissions case under the federal CERCLA.
On July 5, 2016, the Georgia Supreme Court issued a decision in Scapa Dryer Fabrics, Inc. v. Knight, et al., in which the plaintiff alleged he was exposed to asbestos-containing products at a textile manufacturer's facility...
The Georgia Supreme Court issued a decision in a case which involved a declaratory judgment action by an insurer that it had no duty to defend or provide coverage to a landlord against a tenant's lawsuit...
With
Stephen O'Day
On March 24, 2016, the Occupational Health and Safety Administration issued a final rule, which among other things, significantly reduces the permissible exposure limit for workers' exposure to respirable crystalline silica...
With
Stephen O'Day
The Third Circuit's ruling is in agreement with similar rulings by the 1st, 4th, 7th and 10th Circuits.
The U.S. Court of Appeals for the Ninth Circuit recently agreed to allow an interlocutory appeal of a novel air emissions case under the federal Comprehensive Environmental Response, Compensation & Liability Act.
With
Stephen O'Day
In its updated Clean Water Act Multi-Sector General Permit for stormwater discharges from industrial activities issued June 5, EPA has explicitly provided that non-stormwater discharges of any pollutants are not authorized and will either have to be eliminated or covered by a separate individual NPDES permit.
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