News & Analysis as of

Contamination RCRA Water Supplies

Clark Hill PLC

[Webinar] PFAS Primer for the Public Sector - July 16th, 11:00 am PT

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Addressing PFAS continues to challenge local government, water providers, and wastewater providers, particularly in a rapidly changing regulatory environment. Regulatory initiatives will have costly and widespread impacts on...more

Nossaman LLP

Ninth Circuit Reverses Previous Decision on RCRA Liability for Water Supplier

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On July 1, 2022 a panel of the Ninth Circuit issued a superseding opinion in California River Watch v. City of Vacaville, Appeal No. 20-16605, withdrawing its previous opinion in the same case and reaching the opposite...more

Nossaman LLP

Ninth Circuit Reverses Itself – New Opinion Removes Potential for RCRA “Transporter” Liability for Water Providers

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On July 1, 2022, the United States Court of Appeals for the Ninth Circuit took the unusual step of reversing its previous decision in California River Watch v. City of Vacaville, No. 20-16605, 2022 WL 2381056 (9th Cir. July...more

Downey Brand LLP

Ninth Circuit Court of Appeals Reverses RCRA Citizen Suit Decision Affecting Drinking Water Supply Agencies in California River...

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In a significant course-correction, a Ninth Circuit panel recently revisited its prior opinion in California River Watch v. City of Vacaville, (14 F.4th 1076 (9th Cir. 2021) (“Vacaville I”)), where the Court previously held...more

Downey Brand LLP

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

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The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

Pillsbury - Gravel2Gavel Construction & Real...

Seventh Circuit Affirms Denial of Injunctive Relief in RCRA Citizens Suit and Rejects “Continuing Violation” Argument

On March 4, the U.S. Court of Appeals for the Seventh Circuit decided an important Resource Conservation and Recovery Act (RCRA) Citizen Suit, LAJIM, LLC, et al. v. General Electric Co., affirming the U.S. District Court for...more

BakerHostetler

Ohio Federal Court Rules That DuPont’s Teflon Emissions Are Covered by RCRA

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Last week the Southern District of Ohio held that air emissions from DuPont’s Teflon production operations at its Washington Works Facility in West Virginia, which landed on a water supplier’s wellfield and contaminated the...more

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