News & Analysis as of

Groundwater

Mitchell, Williams, Selig, Gates & Woodyard,...

95th Arkansas General Assembly: Senate Bill 10 Pre-Filed Addressing Water Usage/Electric Grid Impact by Digital Asset Mining

The 95th Arkansas General Assembly will convene on January 13, 2025. Bill filing began on November 15th. Senator Bryan King of Green Forest has introduced Senate Bill 10. ...more

Foley Hoag LLP - Environmental Law

EPA Bans TCE (sort of). Is the "New" TSCA Working?

Last week, EPA released two final rules under TSCA. The first rule bans all uses of trichloroethylene (TCE). The ban is subject to several temporary exemptions for certain uses under § 6(g) of TSCA. The second rule bans...more

BCLP

PFAS in Groundwater: State-by-state Regulations - November 2024

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In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more

Allen Matkins

California Environmental Law & Policy Update 11.22.24

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In a settlement approved by the San Diego Regional Water Quality Control Board on November 13, the City of Oceanside agreed to pay a $1.5 million fine for two separate spills that sent raw sewage into the Buena Vista Creek...more

McGuireWoods LLP

Contaminant Compass: November 2024 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses new...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 10.25.24

Allen Matkins on

California officials have joined a legal effort to restore water to the Kern River after an abrupt shutoff of water dried up the river and killed thousands of fish in Bakersfield....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Savannah...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed September 20th Director’s Order and Assessment (“Order”) addressing Tennessee River Investors (“TRI”) alleging violation of the Tennessee...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Interagency Water Workforce Working Group Report to Congress: U.S. Environmental Protection Agency Office of Water Report

The United States Environmental Protection Agency (“EPA”) Office of Water issued an August 2024 report tilted: Interagency Water Workforce Working Group Report to Congress (“Report”). ...more

Nossaman LLP

New California Legislation on Water Issues – Updated with Signings and Vetoes

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The time for Newsom to sign or veto bills has now passed. Of the nine bills discussed herein, Newsom signed seven and vetoed two. Please see the update below each bill that discusses its resolution....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Verification of Land-Use Controls at RCRA Corrective Action Facilities: U.S. EPA Office of Inspector General Report

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) has issued a report titled: The EPA Needs to Improve the Verification of Land-Use Controls at Resource Conservation and Recovery Act...more

Allen Matkins

California Environmental Law & Policy Update 9.20.24

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Farmers in southern Tulare County will face greater scrutiny for groundwater pumping after the state placed the region on probation following a lengthy hearing in Sacramento on Tuesday....more

Nossaman LLP

New California Legislation on Water Issues

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The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

McGuireWoods LLP

Contaminants Compass: September 2024 Edition

McGuireWoods LLP on

“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses how...more

Allen Matkins

California Environmental Law & Policy Update 8.30.24

Allen Matkins on

A California Superior Court judge ruled last week that Sonoma County must do more to ensure responsible groundwater pumping under the state’s Public Trust Doctrine, which holds that rivers, creeks, and other waterways are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA/11th Amendment: Federal Court Addresses Immunity of Two California Officials

A United States District Court (E.D. California) (“Court”) addressed in a July 31st Order a federal question jurisdiction issue arising out of a Federal Resource Conservation and Recovery Act (“RCRA”) judicial action. See...more

Hicks Johnson

Texas Supreme Court Ruling Limits Governmental Immunity in Contract Disputes

Hicks Johnson on

On April 12, 2024, the Texas Supreme Court handed down two decisions clarifying its interpretation of governmental immunity and waiver under Section 271.152 of the Texas Local Government Code. Governmental units, including...more

Allen Matkins

California Environmental Law & Policy Update 8.02.24

Allen Matkins on

Climate change threatens to dramatically shrink the amount of water California can deliver over the next 20 years and could significantly reduce supplies available from the State Water Project according to new projections...more

Pillsbury - Policyholder Pulse blog

A Shock to the System: Potential Ramifications of the Electric Energy Coal Ash Decision and Insurance Recovery

In what was likely a shock to coal-fired electric utilities, the U.S. Court of Appeals for the District of Columbia Circuit held on June 28, 2024, that proposed decisions by the U.S. Environmental Protection Agency in January...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Environment California Files Judicial Action Against Port of Los Angeles

Environment California (“EC”) filed a July 23rd United States District Court (Central District of California) Clean Water Act citizen suit action against the Port of Los Angeles (“Port”) for alleged violations. See case No....more

Pillsbury Winthrop Shaw Pittman LLP

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

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A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings...more

J.S. Held

The Three G’s: Geology, Groundwater, and Geometry in Origin & Cause Analyses

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Geotechnical practitioners are often focused on the “Three G’s”—namely geology, groundwater, and geometry. The interconnectedness of the Three G’s is responsible for fundamental aspects of the Earth’s composition and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Current/Long-Term U.S. Environmental Protection Agency Clean Water Act Related Rulemakings: Association of Clean Water...

The Association of Clean Water Administrators (“ACWA”) published in its current newsletter a link to described as follows: ACWA rules chart updated to reflect current and long term relevant EPA clean water related actions....more

Morgan Lewis

Electric Utilities Affected by Recent EPA Regulation May Benefit from Legacy Liability Insurance Policies

Morgan Lewis on

The US Environmental Protection Agency (EPA) on May 8, 2024 expanded the obligations of coal-fired power plants to remediate coal ash-related groundwater impacts with amendments to the federal Coal Combustion Residual (CCR)...more

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