County of Maui Seeks New Discovery Following Supreme Court Loss

Mon Jul 13th, On Litigation, by

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 […]

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Dakota Access Pipeline Is Shut Down and a D.C. Court Declines To Stop It

Wed Jul 8th, On Environmental Law, Litigation, by

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 […]

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EPA Discontinuing COVID-19 Related Enforcement Discretion Policy

Tue Jul 7th, On Environmental Law, by

  The United States Environmental Protection Agency (EPA) plans to end its temporary policy that allowed for enforcement discretion in the enforcement of some types of violations in the context of COVID-19. On June 29, 2020, EPA gave notice that this policy will be terminated as of August 31, 2020, or possibly earlier. If the policy is terminated earlier than August 31, 2020, then seven days advance notice will be […]

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California’s Third District Court of Appeal Affirms State Water Board’s Authority To Regulate Unreasonable Use of Water During Severe Drought

Mon Jul 6th, On Environmental Law, Litigation, by

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 […]

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