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News Articles

Tenth Circuit Holds Asarco’s Settlement Representations Not an Admission Contradicting Its CERCLA Contribution Claim

Asarco, LLC (Asarco) appealed a lower court’s entry of judgment in favor of Noranda Mining, Inc. (Noranda) in Asarco’s contribution action under the federal Comprehensive…

Read More 2017-03-03

Four High-Priority Nevada Watersheds to Benefit from U.S. Department of Agriculture Funds to Improve Water Quality

The U.S. Department of Agriculture (USDA) is making it rain, so-to-speak, in four Nevada watersheds. The Sheckler Reservoir, Stillwater Marsh, Soda Lake-Carson River and South…

Read More 2017-03-03

Iowa’s Civil Water Wars Highlight the Mississippi Basin Water Quality Challenge

There is a court confrontation going on in Iowa that will help shed light on the extent to which the existing federal clean water regulatory…

Read More 2017-03-03

Second Circuit Court of Appeals Joins the Eleventh Circuit in Upholding EPA’s ‘Water Transfers Rule’

The Second Circuit Court of Appeals recently held that the U.S. Environmental Protection Agency’s (EPA) “Water Transfers Rule,” which exempts water transfers from regulation under…

Read More 2017-03-03

President Trump Signs Executive Orders to Advance the Keystone Xl and Dakota Access Pipelines

On January 24, 2017, President Donald Trump signed a series of Executive Orders and Presidential Memoranda:   …in keeping with his promise to reduce the…

Read More 2017-03-03

Colorado Supreme Court Issues Ruling Regarding Transmountain Diversions and Historical Use Analysis In Water Right Change Applications

On December 5, 2016, the Colorado Supreme Court reversed the Division 2 Water Court’s decision approving Busk-Ivanhoe, Inc.’s (Busk-Ivanhoe) application for a change of place…

Read More 2017-02-14

U.S. Fish and Wildlife Service Issues Final 2016 Biological Opinion For Water-Related Activities in the Upper and Middle Rio Grande

On December 2, 2016, the U.S. Fish & Wildlife Service (FWS) issued the final Biological Opinion (2016 BiOp) providing for federal Endangered Species Act (ESA)…

Read More 2017-02-14

U.S. District Court Finds Mississippi Numerical Water Quality Standards Are Not Compelled By the Clean Water Act

A U.S. District Court in Louisiana has ruled that it is within the discretion of the U.S. Environmental Protection Agency (EPA) not to compel states…

Read More 2017-02-14

U.S. District Court Finds EPA’s Approval of Rhode Island’s Clean Water Act TMDL Reports Did Not Constitute a Determination of Stormwater Discharges

Conservation Law Foundation (plaintiff) sued the U.S. Environmental Protection Agency (EPA) alleging that it failed to carry out its non-discretionary duties under the federal Clean…

Read More 2017-02-14

California Supreme Court Limits Reach of the Public Records Act

The Public Records Act (Government Code § 6250 et seq. (PRA)) is frequently a feature of land use practice and litigation. Accordingly, land use practitioners…

Read More 2017-02-14