News & Analysis as of

Wastewater Waste Disposal Appeals

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

McGinnis Lochridge on

In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Perkins Coie

California Court Upholds CalGEM’s Use of CEQA Categorical Exemption for Approval of Oil Well Conversion Project

Perkins Coie on

A California Court of Appeal upheld the California Department of Conservation Geologic Energy Management Division’s determination that a project to convert a plugged oil well into a wastewater disposal well fit within the...more

Perkins Coie

Responsible Agency Under CEQA Must Make Express Findings as to Each Potentially Significant Impact Identified in Lead Agency’s EIR

Perkins Coie on

The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as...more

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

Leachate Disposal Agreement/Storage Tank: Illinois Appellate Court Addresses Whether Absence of Certain Equipment Was Material...

The Appellate Court of Illinois (Fifth District)(“Court”) addressed in an August 3rd Order a breach of contract action involving a leachate (i.e., wastewater) disposal agreement. See John Gordon, d/b/a Village of Ridgway...more

Best Best & Krieger LLP

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

Perkins Coie

Appellate Court Reaffirms Broad Discretion of Trial Courts to Determine Appropriate Attorneys’ Fees

Perkins Coie on

The Fourth Appellate District upheld the trial court’s award of less than 10% of the fees requested by the prevailing petitioner in a CEQA case, finding no abuse of the broad discretion accorded trial courts in awarding fees....more

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