Federal Appellate Court Rules That Coal Ash Ponds Not Subject To CWA

At issue in Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC et al., 2018 WL 2947915, Case No. A18A0594 (Ga. App. June 13, 2018), was the definition of the phrase "interferes with legitimate water uses" in the narrative standard established by Ga. Comp. R. & Regs. r. 391-3-6-.03 (5)(c).

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.

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.

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)...

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...

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...

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...

The Third Circuit's ruling is in agreement with similar rulings by the 1st, 4th, 7th and 10th Circuits.