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Posts From Bob Schuster

Utah Supreme Court Distinguishes Water Right Impairment from Interference—Finds Claimant Need Not Make Administrative Phase Protest of Change Application to Later Raise Interference Argument

Utah Supreme Court Distinguishes Water Right Impairment from Interference—Finds Claimant Need Not Make Administrative Phase Protest of Change Application to Later Raise Interference Argument

By Jonathan Clyde The Utah Supreme Court issued an amended decision in this case and clarified [...]

U.S. District Court Dismisses Clean Water Act for Pre-Suit Notice Deficiency and Conclusory Statements In Complaint

U.S. District Court Dismisses Clean Water Act for Pre-Suit Notice Deficiency and Conclusory Statements In Complaint

By Marco Antonio Ornelas and Rebecca Andrews The U.S. District Court for the Eastern District of [...]

EPA’s Ranking of Hazardous Waste Site for Inclusion on National Priorities List Survives Challenge in the D.C. Circuit

EPA’s Ranking of Hazardous Waste Site for Inclusion on National Priorities List Survives Challenge in the D.C. Circuit

By Deborah Quick The successor in interest to a polluting industrial operator challenged the listing of [...]

U.S. District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan

U.S. District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan

By Rebecca Andrews and Patrick Skahan On June 2, 2020, the U.S. District Court for the [...]