On Tuesday, December 11th, The United States Environmental Protection Agency (EPA) and the Army Corps of Engineers released a proposed rule clarifying which waterways in the country are subject to jurisdiction under the Clean Water Act. The rule is intended to rescind and replace President Obama’s 2015 Clean Water Rule, which defined “waters of the United States” for all sections of the Clean Water Act (CWA) “to include the traditional […]
Category: Environmental Law
In July of 2017, several California cities and counties lodged suits against dozens of oil, gas, and coal companies in California State Court over their alleged role in contributing to climate change-related damages across the state. The counties of Marin and San Mateo, along with the city of Imperial Beach, filed lawsuits alleging that several companies, including BP p.l.c., Chevron Corp., ConocoPhillips Co., and Exxon Mobil Corp., “have promoted and […]
On Sept. 12, 2018, the Fourth Circuit released a decision in Sierra Club v. Virginia Electric & Power Co. (Dominion Energy Inc.). This important decision resulted in a split in the Fourth Circuit, as well as further exacerbating a split in the circuits regarding the interpretation of the term “point-source” and the way in which groundwater is regulated by the Clean Water Act as a conduit for pollutants to enter […]
California, Illinois, Maryland, and 5 other States File Suit against EPA over Failure to Implement Landfill Emission Regulations.
On May 31st, 2018 the states of California, Illinois, and Maryland, along with 5 other states, filed suit against the United States Environmental Protection Agency (EPA). Plaintiffs allege that, in failing to enforce Obama-era regulations concerning emissions from landfills, EPA has violated the federal Clean Air Act (CAA). The rules in question are the “Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills” and the “2016 Standards of Performance […]