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Category: Environmental Law

EPA Seeking Public Feedback Regarding Developing Consistency in Cost-Benefit Analysis

Fri Jun 8th, On Environmental Law, by

On June 7, 2018, the EPA issued an Advance Notice of Proposed Rulemaking to announce that it was considering new ways to increase consistency and transparency in its consideration of costs and benefits involved in regulatory decisions, and is seeking public input. Many environmental statutes, such as the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act, require the EPA to consider the costs and benefits […]

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Washington Supreme Court Aligns MTCA Owner/Operator Liability with CERCLA

Fri May 25th, On Environmental Law, by

Many states have counterpart statutes to the federal CERCLA, or Superfund, statute.  Though these statutes generally have the same purpose: to ensure the cleanup of sites contaminated with hazardous substances and to allow for recovery of natural resource damages caused by those substances, and though most state statutes are “modeled” after CERCLA, many state statutes have specific statutory language or provisions that differ.  This is true of the State of […]

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Bick Law LLP Publishes an Article in Law360 – A New Question On Tribal Fishing Rights For High Court

The U.S. Supreme Court recently heard oral argument in Washington v. United States, a case involving the off-reservation fishing rights of 21 Native American tribes in the Pacific Northwest. At issue are culverts built by the state of Washington under roadways it constructed across salmon-bearing streams. The tribes allege the culverts allow the passage of water, but not the passage of salmon, and thus are an unlawful interference with tribal […]

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Ninth Circuit Denies Writ of Mandamus to End #YouthVGov Climate Suit Against Federal Government; Case Set for Trial

Tue Apr 24th, On Environmental Law, by

In early March, the Ninth Circuit rejected a writ of mandamus from the U.S. government that would quash a case filed by 21 young environmental activists. Earlier this month, the U.S. District Court of Oregon scheduled the case to be tried in October of this year. The case, Juliana v. United States, case no. 6:15-cv-01517, involves allegations that the federal government violated both the plaintiffs’ and younger generations’ constitutional rights […]

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