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Ninth Circuit Court of Appeals Reverses RCRA Citizen Suit Decision Affecting Drinking Water Supply Agencies in California River...

In a significant course-correction, a Ninth Circuit panel recently revisited its prior opinion in California River Watch v. City of Vacaville, (14 F.4th 1076 (9th Cir. 2021) (“Vacaville I”)), where the Court previously held...more

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

Clean Water Act Permits Now Required When a Point Source Discharge Through Groundwater is the “Functional Equivalent” of a Direct...

For those seeking certainty and bright line tests, the U.S. Supreme Court is apparently not the right venue. On April 23, 2020, the Supreme Court issued a 6-3 majority opinion in County of Maui, Hawaii v. Hawaii Wildlife...more

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