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  • Article

    The Sacketts' Second Day In The Nation's Highest Court Is Over. What's Next?

    This morning the Supreme Court of the United States heard from the Sacketts of Idaho for the second time.
    United StatesEnvironment
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    The Water Damage Exclusion And Your Commercial Property Insurance

    An all-risk commercial property insurance policy does not, in fact, cover all risks. Every property insurance policy has exclusions, and one of the most common – and most often disputed – is the water damage exclusion.
    United StatesInsurance
    Schwartz, Conroy & Hack
    Schwartz, Conroy & Hack
Article

A Natural Solution: Court Dumps Microplastic Suit For Lack Of Scientific Evidence

The U.S. District Court for the Northern District of Illinois recently dismissed a putative class action complaint alleging the term "natural" on Fiji Water bottle labels is false...
United StatesEnergy and Natural Resources
Winston Taylor
Winston Taylor
  • Article

    America Votes On Environment And Energy Ballot Initiatives

    While control of Congress and the gubernatorial races garnered the most attention, the 2018 midterm elections also provided voters in several states the opportunity to craft environmental...
    United StatesEnergy and Natural Resources
    Morgan Lewis
    Morgan Lewis
  • Article

    Court Decision Limits State Water Resources Control Board's Authority Over Pre-1914 Appropriative Rights

    On September 12, 2022, the Court of Appeal for the Sixth District issued its opinion in the California Water Curtailment Cases, No. 1-15-CV285182 (2022).
    United StatesEnergy and Natural Resources
    Nossaman LLP
    Nossaman LLP
  • Article

    Energy, Environment And Resources Update - Issue 4 | December 2015

    Charge Question 4 asks SAB the following specific questions, among others: "Are the major findings concerning well injection fully supported by the information and data presented in the assessment?
    United StatesEnergy and Natural Resources
    Duane Morris LLP
    Duane Morris LLP
  • Article

    EPA Broadens Efforts To Address PFAS Contamination In Water Bodies

    The Environmental Protection Agency (EPA)'s efforts to address contamination by per- and poly-fluoroalkyl substances (PFAS) continue to rapidly evolve.
    United StatesEnergy and Natural Resources
    Sive, Paget & Riesel
    Sive, Paget & Riesel
  • Article

    EPA Proposes First National Drinking Water Standard For PFAS

    The United States Environmental Protection Agency (EPA) today released proposed national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) pursuant...
    United StatesEnergy and Natural Resources
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    FERC Denies Petition For Declaratory Order On Jurisdiction For Lake Powell Pipeline

    On September 20, 2018, FERC denied the Utah Board of Water Resources ("Utah Board") and the Washington County Water Conservancy District's petition for a declaratory order ...
    United StatesEnergy and Natural Resources
    Troutman Pepper Locke LLP
    Troutman Pepper Locke LLP
  • Article

    Fifth Circuit Applies U.S. Supreme Court's Sackett Decision To End Long-Standing WOTUS Dispute

    On December 18, 2023, the U.S. Court of Appeals for the Fifth Circuit applied the U.S. Supreme Court's Sackett v. EPA decision redefining waters of the United States ("WOTUS")...
    United StatesEnergy and Natural Resources
    Liskow
    Liskow
  • Article

    Marshall And The Four Corners Doctrine: 10 Years After

    Depending on a variety of factors, including location, other non-noticed amendments may also be secured.
    United StatesEnergy and Natural Resources
    Lloyd Gosselink Rochelle & Townsend, P.C.
    Lloyd Gosselink Rochelle & Townsend, P.C.
  • Article

    Marshall And The Four Corners Doctrine; 10 Years After

    This year marks the 10th anniversary of the Texas Supreme Court's decision in Marshall v. Uncertain, 206 S.W.3d 97 (Tex. 2006), where the court squarely identified the factors to be considered by the "TCEQ" in its assessment...
    United StatesEnergy and Natural Resources
    Lloyd Gosselink Rochelle & Townsend, P.C.
    Lloyd Gosselink Rochelle & Townsend, P.C.
  • Article

    Supreme Court Establishes Permitting Standard For Discharges To Groundwater

    The Supreme Court ruled that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the "functional equivalent" of a discharge directly from a point source into navigable water.
    United StatesEnergy and Natural Resources
    WilmerHale
    WilmerHale
  • Article

    This Week At The Ninth: Willfulness And Waterways

    This week, the Ninth Circuit came back from the Thanksgiving break with a bang, issuing three long-awaited en banc decisions in criminal and immigration cases.
    United StatesEnergy and Natural Resources
    Morrison Foerster
    Morrison Foerster
  • Article

    California Focuses On Water Supply Resiliency In Updated Water Plan

    On April 2, 2024, the California Department of Water Resources (DWR) released the California Water Plan Update 2023 (CWP 2023 Update). DWR's press release dubs
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    District Court Enjoins Federal Regulations Revising Scope Of Clean Water Act Jurisdiction

    In contrast to Judge Erickson, courts in both West Virginia and Georgia found that jurisdiction lies with the Circuit Court of Appeals and has denied the preliminary injunctions.
    United StatesEnvironment
    Sheppard
    Sheppard
  • Article

    EPA And The Army Corps Finalize WOTUS Rule, Again

    On December 30, 2022, the U.S. Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("Army Corps") announced they had finalized the rule establishing the definition...
    United StatesEnvironment
    Jenner & Block LLP
    Jenner & Block LLP
  • Article

    EPA, Corps Release WOTUS Revisions

    This website uses cookies to enhance user experience, improve performance, and enable social media features. Users can manage their cookie preferences through the site's privacy policy and terms & conditions.
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    EPA Proposes Stringent Regulation Of PFAS In Drinking Water

    On March 14, 2023, the EPA proposed a National Primary Drinking Water Regulation under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for six per- and polyfluoroalkyl...
    United StatesEnvironment
    Pillsbury Winthrop Shaw Pittman
    Pillsbury Winthrop Shaw Pittman
  • Article

    Fourth Circuit Weighs In On Rules For Clean Water Act's One-Year Deadline For State Water Quality Certifications For Federal Discharge Permits

    At least in the short term, the Fourth Circuit may create more confusion about the rules governing Section 401's one-year shot clock.
    United StatesEnvironment
    Beveridge & Diamond, P.C.
    Beveridge & Diamond, P.C.
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