News & Analysis as of

Groundwater Land-Use Permits

Davis Wright Tremaine LLP

King County’s Critical Areas Ordinance Update: What to Expect

King County is in the final stretch of updating its Critical Areas Ordinance (CAO), with adoption expected by December 2025. The CAO governs protections for environmentally sensitive areas—like wetlands, streams, aquifers,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Verification of Land-Use Controls at RCRA Corrective Action Facilities: U.S. EPA Office of Inspector General Report

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) has issued a report titled: The EPA Needs to Improve the Verification of Land-Use Controls at Resource Conservation and Recovery Act...more

Downey Brand LLP

Litigation is Taking California’s Public Trust Doctrine From the Waterfront to the Forefront

Downey Brand LLP on

California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However,...more

Downey Brand LLP

California Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial

Downey Brand LLP on

On August 27, 2020, in Protecting Our Water and Environmental Resources v. County of Stanislaus, Case No. S251709 (“Protecting Our Water”), the California Supreme Court held that the County in that instance could not...more

Foley Hoag LLP - Environmental Law

EPA Weighs In On Whether Discharges to Groundwater Can Be Subject to the CWA — You Won’t Be Surprised at the Answer

On Monday, EPA issued an Interpretive Statement concluding that point source discharges to groundwater are never subject to NPDES permitting requirements. EPA did a good job marshalling its arguments – much better than this...more

Schwabe, Williamson & Wyatt PC

EPA Taking Comments On Clean Water Act NDPES Permits for Discharges to Groundwater

On February 1, 2018, the Ninth Circuit ruled in Hawai’i Wildlife Fund v. City of Maui that contamination that is discharged into the ground and later escapes through groundwater migration into a navigable waterway requires a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

C&H Hog Farms, Inc. Sow-Farrowing Facility (Newton County, Arkansas): Arkansas Department of Environmental Quality Denial of...

The Arkansas Department of Environmental Quality (“ADEQ”) public noticed the denial of an application for an Arkansas Pollution Control and Ecology Commission Regulation 5 permit by C&H Hog Farms, Inc. (“C&H”). Regulation...more

Tonkon Torp LLP

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Kelley Drye & Warren LLP

Hydraulic Fracturing: State Regulatory Roundup Vol. 43

Fracking Insider Readers: We are pleased to bring you Volume 43 of our State Regulatory Roundup, including updates in California, New York, and Ohio. As we explained in earlier volumes, we designed the Roundup to provide...more

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