Mon Jul 13th, On Litigation, by Bick Law LLP
In April 2020, the U.S. Supreme Court ruled in a majority 6-3 vote in Hawaii Wildlife Fund et al v. County of Maui, that the County of Maui could no longer inject sewage or recycled water into local groundwater through Lahaina injection wells under the Clean Water Act (“CWA”). The groundbreaking case changes the way groundwater is interpreted under the CWA and establishes a new test. Previously, CWA covered only […]
Wed Jul 8th, On Environmental Law, Litigation, by Bick Law LLP
Earlier this week, U.S. District Judge James A. Boasberg ordered the Dakota Access pipeline to shut down and drain its oil (Standing Rock Sioux Tribe et al. v. U.S. Army Corps of Engineers et al.). The order gives the Dakota Access operators until August 5th to shut down the pipeline and drain it of all oil pending a review and Environmental Impact Statement (“EIS”) made by the Army Corps of […]
Mon Jul 6th, On Environmental Law, Litigation, by Alan BickBick Law LLP
On June 18, 2020, in Stanford Vina Ranch Irrigation Company v. State of California et al., the Third District Court of Appeal affirmed the California State Water Resources Control Board’s (“State Water Board” or “Board”) authority to regulate what it considers “unreasonable use of water” through emergency regulations setting forth minimum instream flow requirements that protect endangered and threatened fish in times of severe drought. The Court also affirmed the […]
Fri Jun 26th, On Environmental Law, Litigation, by Kimberly BickBick Law LLP
In perhaps the most consequential environment and energy case heard by the Supreme Court this term, the justices overruled a decision by the Fourth U.S. Circuit Court of Appeals that the Forest Service did not have the power to authorize the Atlantic Coast Pipeline’s natural gas project to pass beneath the trail. In a 7-2 decision in United States Forest Service v. Cowpasture River Preservation Association, No. 18-1584 (June 15, […]