[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
The Court of Appeals of Washington, Division 2 (“Court of Appeals”) addressed in a February 13th Opinion a challenge to a King County Code (“KCC”) involving flow control. See SkyCorp Ltd. v. King County, 2024 WL 562169. ...more
The Wisconsin Court of Appeals addressed in a July 13th opinion a pricing dispute involving the disposal of debris from a demolition project. See Advanced Trucking & Services, LLC v. Hanover Insurance Company, 2022 WL 2719712...more
The California Court of Appeal (First District – Division 3) (“Court of Appeal”) in a September 30th Opinion addressed The Oakland Athletics’ (The Athletics Investment Group, LLC) (“Athletics”) argument that the California...more
The U.S. Court of Appeals for the Ninth Circuit, on July 1, 2022, took the extraordinary step of reversing its prior decision in California River Watch v. City of Vacaville. The Ninth Circuit ruled that “transportation” under...more
The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as...more
The Louisiana Supreme Court (“Court”) addressed in a January 28th Opinion an issue arising out of the Louisiana Waste Tire Program (“Program”). See Winmill Tire, LLC, et al. v. Colt, Inc., et al., 2022 WL 263004....more
The Court of Appeals of Oregon (“Court”) addressed in a January 26th opinion an issue involving the “auto dismantler exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling,...more
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
The Appellate Court of Illinois (Fifth District)(“Court”) addressed in an August 3rd Order a breach of contract action involving a leachate (i.e., wastewater) disposal agreement. See John Gordon, d/b/a Village of Ridgway...more
The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more
The Arkansas Democrat Gazette reported in a November 15th article that the Benton County Regional Solid Waste Management District (“Benton District”) will petition the Arkansas Supreme Court to address a dispute with the...more
The Arkansas Court of Appeals (“Court”) addressed in an October 30th opinion a dispute between the Benton County Regional Solid Waste Management District (“Benton District”) and the Boston Mountain Regional Solid Waste...more
Servidone, Inc./B. Anthony Constr. Corp., J.V. v. State of New York, No. 2016-05238, 2019 BL 7232 (App. Div., 2d Dept. Jan. 09, 2019) - Servidone, Inc./B. Anthony Construction Corp., J.V. (the “Contractor”) and the New...more
A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more
The United States Court of Appeals for the First Circuit (“Court”) addressed whether two Pureto Rican municipalities could prohibit the beneficial use and disposal of coal ash (also known as Coal Combustion Residuals [“CCR”]...more
The Tenth Circuit on July 19, 2017, in Chevron Mining, Inc. v. United States, reversed a decision by the District Court for the District of New Mexico and held that the United States is liable as an “owner” under the...more
The Fourth Appellate District upheld the trial court’s award of less than 10% of the fees requested by the prevailing petitioner in a CEQA case, finding no abuse of the broad discretion accorded trial courts in awarding fees....more