News & Analysis as of

Groundwater Water Pollution

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

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The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

K&L Gates LLP

Parts Per Trillion: Illinois Proposes Stringent Groundwater Quality Standards for PFAS Compounds

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On 7 March 2024, the Illinois Pollution Control Board (Board) proposed amendments to its Ground Water Quality regulations, which would set standards for selected per- and polyfluoroalkyl substances (PFAS) compounds at or near...more

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

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In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...more

Troutman Pepper Locke

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

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On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

Troutman Pepper Locke

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

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On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

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

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

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

Hazardous Substance Enforcement: Washington D.C. Attorney General and Potomac Electric Power Company Enter into Amended Consent...

The Attorney General for the District of Columbia (“AG”) and Potomac Electric Power Company (“Pepco”) entered into a First Amendment to Consent Decree (“Amended Decree”) addressing alleged releases of hazardous substances....more

Allen Matkins

California Environmental Law & Policy Update 9.01.23

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The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (“Corps”) on Tuesday released a new rule that reduces the number of federally protected waters by more than half following a Supreme Court...more

Verrill

No Water, No Beer

Verrill on

The American Water Works Association’s “Value of Water” social media campaign, including its No Water No Beer slogan, provides a stark wake-up call about the dire importance of conserving and protecting our precious water...more

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

County Stormwater Detention Ponds/Adjacent Groundwater Impact: Federal Court Addresses Agricultural Operation's Taking/Nuisance...

A United States District Court (W.D. Wisconsin)(“Court”) addressed in a July 19th Opinion and Order (“Opinion”) an issue arising out of the alleged release of water from a breach in the bottom of three stormwater detention...more

(ACOEL) | American College of Environmental...

Tack Into The Wind

BEFORE THE SUPREME COURT OF THE ENVIRONMENT - DeMo Crate, LLC, Plaintiff, vs. Republic Canning Co., Defendant. JKDNG:02292022 RULING ON APPEAL - Justice Toldyu delivered the opinion of the Court, in which...more

Mintz

District Courts Continue to Struggle with the Reach of the Clean Water Act, This Time on Cape Cod

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In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to groundwater require a permit under the Federal Clean Water Act....more

King & Spalding

U.S. Geological Survey Authors Publish Study Identifying PFAS in Groundwater Used as a Source of Drinking Water in the Eastern...

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Several authors affiliated with the U.S. Geological Survey recently published the results of their testing for 24 PFAS (and various other potential contaminants such as tritium, volatile organic compounds (VOCs), and...more

Goldberg Segalla

Long Island Water Districts Settle Claims Arising from Alleged 1,4-Dioxane Contamination

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You may have read about the slew of lawsuits filed over the past few years by Long Island water districts seeking to recover damages arising from alleged contamination of drinking water supplies by 1,4-dioxane...more

Allen Matkins

California Environmental Law & Policy Update - September 2021

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Federal judge strikes down Trump rule governing water pollution - The New York Times – August 23 - In the latest episode of a long-running battle concerning the reach of federal jurisdiction over surface waters, Judge...more

Lathrop GPM

Minnesota Calls for Stronger State Regulation of PFAS Chemicals

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Minnesota’s Statewide PFAS Strategy - Last week, Minnesota state officials announced a statewide strategy to address PFAS chemicals present within the state. PFAS are a class of man-made compounds that do not easily break...more

Stoel Rives LLP

EPA Wades into Murky Groundwater Debate – Accepting Comments through January 12

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On December 4, 2020, the Environmental Protection Agency (“EPA”) issued a draft guidance memo to help explain when the National Pollutant Discharge Elimination (“NPDES”) Program requires permits for discharges of polluted...more

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

Adjacent Property Owner/Petroleum Storage Tank: Federal Appellate Court Addresses Damage Issue

The United States Court of Appeals for the Tenth Circuit (“Court”) addressed in a November 4th Order and Judgment (“Order”) damage issues caused by an adjacent convenience store (“Store”). See Sonrisa Holding, LLC v. Circle K...more

Fox Rothschild LLP

North Carolina Files Suit Against DuPont And Chemours Over GenX And Other PFAS Contamination

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On October 13, 2020, North Carolina, acting through its Attorney General, filed suit in state court against DuPont, Chemours and related companies seeking costs to investigate, assess, remediate, restore and remedy PFAS...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2020 #4

Cancelled Teck Oil Sands Project Underscores Global Climate-Energy Policy Tension - "The Frontier project became the latest casualty in oil-producing countries with robust environmental movements agitating to cut...more

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

EPA's Adherence to Pesticide Registration Risk Assessment Regulations, Policies and Procedures: U.S. EPA Office of Inspector...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a January 27th Project Notification titled: EPA's Adherence to Pesticide Registration Risk Assessment Regulations,...more

Alston & Bird

Class Action & MDL Roundup: Spring 2019

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2019. There was a veritable traffic jam in the courts for the automotive industry. Manufacturers saw...more

King & Spalding

Supreme Court Declines to Review “Issue” Class Certification Decision in Toxic Tort Case

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On March 18, the Supreme Court declined to review a Sixth Circuit decision affirming an Ohio federal court’s order certifying a class on specific issues in a groundwater pollution suit....more

Bergeson & Campbell, P.C.

EPA Releases Interpretive Statement on whether CWA NPDES Permit Program Applies to Releases of a Pollutant from a Point Source to...

On April 23, 2019, the U.S. Environmental Protection Agency (EPA) announced it was making available its Interpretive Statement addressing whether the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System...more

Holland & Knight LLP

EPA Issues Interpretive Statement on NPDES Regulation of Groundwater

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On April 15, 2019, the U.S. Environmental Protection Agency (EPA) issued a prepublication draft of an Interpretative Statement clarifying the application of Clean Water Act (CWA) National Pollution Discharge Elimination...more

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