The newly-released movie Dark Waters, starring A-list actors Mark Ruffalo and Anne Hathaway, has increased public attention on a group of emerging chemicals called Per- and Polyfluoroalkyl substances (“PFAS”). This increased...more
11/26/2019
/ Clean Water Act ,
Dark Waters ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Legislative Agendas ,
Multidistrict Litigation ,
PFAS ,
State Legislatures ,
Toxic Chemicals
The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more
2/22/2019
/ Certiorari ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Navigable Waters ,
NPDES ,
Point Sources ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
SCOTUS ,
Waters of the United States ,
Wetlands
On February 14, 2019, the United States Environmental Protection Agency (“EPA”) published its long-awaited “action plan” intended to address potential risks posed by Per- and Polyfluoroalkyl substances (“PFAS”).
PFAS are a...more
2/15/2019
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
National Action Plan ,
Public Health ,
Regulatory Agenda ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Water Supplies
Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses -
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the...more
5/14/2018
/ Clean Water Act ,
Energy Sector ,
Greenhouse Gas Emissions ,
Groundwater ,
Infrastructure ,
Insurance Industry ,
Liens ,
Mexico ,
Oil & Gas ,
Oil Wells ,
Private Funds
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the Clean Water Act (“CWA” or the “Act”) regulates discharges to groundwater that serves as a conduit between a point source and...more
A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”):
— The Fourth Circuit became the second appellate court in as many months to adopt the “conduit”...more
Good news at last for the development of offshore wind projects in France -
While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more
3/14/2018
/ Arbitration ,
Canada ,
Clean Water Act ,
Construction Industry ,
Duty of Care ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
France ,
Groundwater ,
Offshore Wind ,
Pipelines ,
Subsidiaries ,
UK ,
Wind Power
A recent Ninth Circuit decision has expanded Clean Water Act (“CWA” or the “Act”) liability, holding that discharges to groundwater are actionable if there is a “fairly traceable” connection between the groundwater discharge...more