In a monumental shift in administrative law, the U.S. Supreme Court has overruled the Chevron doctrine in its decision in Loper Bright Enterprises v. Raimondo. This landmark ruling redefines the balance of power between...more
Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., as a strict liability statute holding owners in the chain of title liable...more
The U.S. Supreme Court’s decision in Sackett v. EPA on May 25 redefined the approach to determine what is a Water of the United States (WOTUS) under the Clean Water Act (CWA), the critical prerequisite for actions under the...more
On May 23, the U.S. Supreme Court issued its ruling in Sackett v. Environmental Protection Agency (Sackett II). The decision caps the long-running saga about how to define “Waters of the United States” (WOTUS) under the Clean...more
Cannabis is big business in California. Last year, tax revenue from sales was $1.2 billion and is expected to be at least $1.3 billion this year. Of course, you cannot sell products if you do not have it and you must raise...more
The Ninth Circuit Court of Appeals decision in California River Watch v. City of Vacaville 2021 WL 4449231 (River Watch) has potentially made it possible for a person to assert liability against a water provider, for example,...more
There has been considerable discussion about potential health and environmental risks from a family of chemicals generally known as per- and poly-fluoroalkyl substances (PFAS). There are many family members and from a risk...more
On Dec. 18, the Environmental Protection Agency (EPA) released for public comment new interim guidance that outlines the current state of the science on techniques and treatments that may be used to destroy or dispose of...more
We are now starting to see older installed solar panels being upgraded with newer more efficient panels as well as solar panels that are reaching the end of their useful life. ...more
The State Water Resources Control Board of California (“Board”) recently announced a plan requiring investigation of potential per- and polyfluoroalkyl substances (“PFAS”) contamination at more than a thousand California...more
Winston Churchill once used the phrase the “soft underbelly of Europe” to attempt to coax the Allies into invading Europe to force Germany to split its resources. The Sustainable Groundwater Management Act (SGMA) also has a...more
Free speech is a cherished constitutional right although not at Berkeley, it seems. Our courts usually bend over backwards to protect it. Over the years, the term “speech” has been stretched to cover not just the spoken word...more
A federal court in Alaska assessed responsibility against the City of Fairbanks (City) for remediation costs found necessary to clean up property it previously owned. The court concluded that the City should have mitigated...more
We’ve all heard that we are a consumer nation. That is true and it’s not a bad thing. We are also a disposal nation. When we buy stuff, we throw stuff out. This includes Xboxes, new faucets, pencils, sheets, toothpaste…you...more
In what may be one of the shortest opinions of importance, the United States Court of Appeals for District of Columbia Circuit put an end to a Freedom of Information Act (FOIA) that closed down a challenge by the...more