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News Articles

Nevada State Engineer Issues Order to Curb New Domestic Wells in Pahrump Basin

As the most arid state in the nation, Nevada has always faced challenges when managing its valuable water resources, and the Pahrump Artesian Basin is…

Read More 2018-03-01

California Court of Appeal Affords Substantial Deference to Fish and Game Commission in Determining Whether Delisting Petitions May Move Forward

In January, the California Court of Appeal for the Third Appellate District upheld a decision by the California Department of Fish and Wildlife (CDFW) that…

Read More 2018-03-01

Ninth Circuit Holds that Use of Groundwater Injection Wells Required Clean Water Act NPDES Permit

The Ninth Circuit Court of Appeals has ruled that groundwater injection wells may result in an “indirect” discharge of pollutants to navigable waters of the…

Read More 2018-03-01

First Circuit Holds EPA Has Discretion Whether to Serve Individual Clean Water Act Notices On Stormwater Dischargers

The U.S. Court of Appeals for the First Circuit upheld the dismissal of two claims against the U.S. Environmental Protection Agency (EPA) for lack of…

Read More 2018-03-01

California Desalination Projects On Track to Receive Substantial Proposition 1 Grant Funding

The California Department of Water Resources (DWR) recently released draft funding recommendations totaling over $34 million in Proposition 1 funds for eight desalination projects and…

Read More 2018-03-01

U.S. Supreme Court Clarifies Procedure For Challenging Regulations Defining the Scope of the Clean Water Act, Leaving Substance Unresolved

Reversing a Sixth Circuit Court of Appeals, the U.S. Supreme Court held that challenges to U.S. Environmental Protection Agency (EPA) regulations defining “Waters of the…

Read More 2018-03-01

Can the U.S. Fish and Wildlife Service Designate Uninhabitable Areas as ‘Critical Habitat’ of a Listed Species—Must Courts Defer to Its Interpretation of the ESA?

Can areas unoccupied and uninhabitable by a species listed under the federal Endangered Species Act (ESA) nonetheless be designated by the U.S. Fish and Wildlife…

Read More 2018-03-01

California Governor Jerry Brown’s New 5 Million Zero Emission Vehicles Goal

In March 2012, Governor Jerry Brown issued an executive order establishing a goal of 1.5 million zero emission vehicles (ZEVs) on California roads by 2025…

Read More 2018-03-01

U.S. District Court Addresses the Issue of CERCLA Defendants that are ‘Dead and Buried’ Corporations, Liability as ‘Persons’ and the Importance of Discovery

Plaintiffs, Garrett Day LLC and the Ohio Development Services Agency, spent some $1.7 million cleaning hazardous substances released from a century-old paper mill in Dayton,…

Read More 2018-01-09

New Jersey Spill Compensation and Control Act Burdens Clarified by the U.S. District Court

The State of New Jersey is involved in a major lawsuit seeking natural resource damages from large petroleum and chemical companies on account of Methyl…

Read More 2018-01-09