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Author: Bick Law LLP

Supreme Court to Resolve Circuit Split on Clean Water Act Issue with Important Implications for Landowners and Developers

Wed Jan 20th, On Environmental Law, by

The Supreme Court has agreed to address a split among U.S. Courts of Appeal regarding whether “jurisdictional determinations” by the U.S. Army Corps of Engineers under the Clean Water Act (“CWA”) are final agency actions subject to judicial review. The Supreme Court’s resolution of this issue will have important implications for landowners, developers, and regulators who may be given the opportunity to obtain more definitive answers from the courts on […]

A River (And Its Contaminated Sediments) Runs Through It: Divisibility Of Liability Under CERCLA In Sediment Cases

Mon Jan 11th, On Environmental Law, by

Can PRPs avail themselves of the divisibility defense to avoid CERCLA’s joint and several liability in the complex setting of a contaminated river sediments Superfund site, following the Fox River Litigation. In May 2015, the Eastern District of Wisconsin district court agreed with NCR that its liability for a portion of the site was divisible, and not joint and several. Then, in October 2015, the same court reversed its holding […]

Splash Zone Dries Up In 2017 – SeaWorld To End Shamu Show And Build A Destination Resort Instead (If Coastal Commission Agrees)

Fri Jan 8th, On Environmental Law, by

By 2017, SeaWorld Entertainment will have a new orca experience in a more natural setting to focus on its conservation efforts. As a result of this decision, SeaWorld will not be pursuing the $100 million project to double the size of the whale tanks and the splash zone. The announcement made on November 9, 2015, follows a recent ruling by the California Coastal Commission to preclude SeaWorld from breeding orcas […]

California Waterfix Petition Noticed By State Water Board

Mon Jan 4th, On Environmental Law, by

The State Water Board has been asked to approve a water right change petition to allow the construction of the California WaterFix Project. The California WaterFix Project includes water conveyance facilities consisting of three new water diversion intakes along the Sacramento River between Clarksburg and Courtland and two 30-mile-long, 40-foot-diameter tunnels to convey water to the Projects’ existing pumping facilities near Tracy. Water would be diverted from the Sacramento River […]

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