Marten Law: Supreme Court Preview--Ownership of Navigable Riverways and Due Process Challenge to Enforcement Orders to be Decided in 2011-12 Term

By Steven Jones, Partner, Marten Law PLLC "The U.S. Supreme Court's new term has just begun. There are two environmental cases on the Court's docket," reports Steve Jones. "The first, PPL Montana, LLC v. State of Montana , presents the question of who owns the beds and banks...

EPA Announces Schedule to Develop Natural Gas Wastewater Standards

Announcement is part of administration's priority to ensure natural gas development continues safely and responsibly WASHINGTON - The U.S. Environmental Protection Agency (EPA) is announcing a schedule to develop standards for wastewater discharges produced by natural gas extraction from underground...

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act

A local Colorado district attorney, among others, filed suit against a city for allegedly discharging pollutants into a creek in violation of the CWA. The District Court granted the city's motion for summary judgment on the ground that the district attorney lacked standing. In Thiebaut et al v...

State Agency does not necessarily have exclusive expertise to address remediation such that CWA & RCRA citizen suit claims are to be dismissed, especially where there is a lack of ongoing formal state proceedings

NL Industries owned a site through 2005. It entered into an administrative consent order with the State of New Jersey which required it to clean-up part of a site and investigate other portions, including sediments in an adjacent river. The sediments showed elevated metals. NL concluded that the...

Oral Arguments Held at Supreme Court on Judicial Review of EPA Compliance Order to Restore Wetlands

WASHINGTON, D.C. - (Mealey's) A couple told the U.S. Supreme Court on Jan. 9 that their inability to challenge an Environmental Protection Agency order issued under the Clean Water Act (CWA) violated their due process rights and the Administrative Procedures Act (APA) ( Chantell Sackett, et al. v...

EPA Releases DMR Pollutant Loading Tool

By E. Lynn Grayson, Partner, Jenner & Block EPA recently released the Discharge Monitoring Report (DMR) Pollutant Loading Tool designed to help individuals determine who is discharging, what pollutants they are discharging and how much, and where they are discharging. The tool calculates pollutant...

Deepwater Horizon Oil Spill Ruling: BP and Andarko Are Responsible Parties and Liable For Civil Penalties Under Clean Water Act

NEW ORLEANS - (Mealey's) The federal judge in Louisiana presiding over litigation stemming from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico held Feb. 22 that BP PLC and Andarko Petroleum Co. are liable for civil penalties under the Clean Water Act (CWA...

$1.5 Million Fine Levied Against Hog Farm for Violating the Clean Water Act

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP The Department of Justice issued a press release earlier this week: WASHINGTON - Freedman Farms Inc. was sentenced today in federal court to five years probation and ordered to pay $1.5 million in fines, restitution and community service...

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA

In litigation involving soil and/or groundwater contamination from releases related to dry cleaning equipment and PCE, it has been common for injured property owners to sue the dry cleaning equipment manufacturers, among others. One of the primary legal tools used in such litigation is the citizen-suit...

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because the order was a final agency action that could be...

LexisNexis® Environmental Law and Climate Change Community Podcast: Brad Marten on the U.S. Supreme Court Decision in Sackett v. EPA.

On this edition, Brad Marten of Marten Law in Seattle discusses the U.S. Supreme Court's decision in Sackett v. EPA . The unanimous high Court found that an Idaho couple could appeal an administrative compliance order issued by the EPA under the Clean Water Act. Mr. Marten explains the background...

Marten Law PLLC Analyzes Chantell Sackett v. EPA: Scalia and Unanimous Supreme Court Uphold Pre-Enforcement Review in Wetlands Case Under Clean Water Act

By Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC In this Emerging Issues Analysis, Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC discuss the U.S. Supreme Court's unanimous decision in Sackett v. EPA, striking down EPA's ban on "pre-enforcement review"...

More Funding Sought For Water Infrastructure Improvements

By E. Lynn Grayson, Partner, Jenner & Block Seven national water and wastewater associations asked House and Senate members to oppose cuts to the FY 13 appropriations for the Drinking Water and Clean Water State Revolving Funds (SRFs) requested by the Obama Administration. The White House budget...

Sackett v. EPA - Supreme Court Allows Pre-Enforcement Review of Clean Water Act Compliance Orders

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP On March 21st, the United States Supreme Court unanimously ruled that the Sackett family has a right to challenge a pre-enforcement compliance order from the Environmental Protection Agency (EPA) before EPA initiates...

Silage vs. Curtilage: More on the EPA's Flyover Controversy

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP The web has been abuzz the last few weeks with articles and editorials about the Environmental Protection Agency's (EPA) use of aerial flyovers to look for violations of the Clean Water Act on Nebraska and Iowa feedlots. The issue...

Marten Law on National Mining Ass'n v. Jackson: No Means No--EPA Told Again Not to Regulate Through Guidance

By Jeff Kray, Partner, Marten Law Group PLLC In this Emerging Issues Analysis, Jeff Kray of Marten Law PLLC analyzes two decisions in National Mining Ass'n v. Jackson which, taken together, determine that EPA's mountain-top mining Guidance is invalid on both procedural and substantive grounds...

BP PLC To Pay $4.5 Billion, Plead Guilty To Criminal Charges For Gulf of Mexico Oil Spill

NEW ORLEANS - (Mealey's) BP PLC announced Nov. 15 that it would plead guilty to a dozen felony charges brought by the federal government and pay $4.5 billion in penalties over its involvement in the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico. The...

U.S. Supreme Court Finds Sewer System’s Discharges Did Not Violate CWA

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court yesterday held that a California storm sewer system operator's discharges into navigable waterways did not violate the Clean Water Act (CWA), holding that the flow of water from an improved portion of a navigable waterway to an unimproved portion...

Marten Law on LA County Flood Control Dist. v. Natural Resources Defense Council

By Russell Prugh , Associate, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses LA County Flood Control Dist. v. NRDC in which the U.S. Supreme Court considered the scope of what constitutes a "discharge" under the Clean Water Act and held that...

DOJ: Judge Accepts Transocean’s Guilty Plea; Company to Pay $400M

WASHINGTON, D.C. - (Mealey's) The U.S. Department of Justice announced that a federal judge in Louisiana has accepted Transocean Ltd.'s guilty plea for violating the Clean Water Act (CWA) over its conduct leading to the 2010 explosion of the Deepwater Horizon oil rig and that the company will...

Louisiana Federal Judge Signs Consent Decree For Deepwater Horizon $1 Billion Settlement

NEW ORLEANS - (Mealey's) The federal judge in Louisiana who is overseeing litigation arising from the April 2010 explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico on Feb. 19 approved Transocean Deepwater Inc. and its affiliates' agreement to pay $1 billion...

Why the Chesapeake Bay Matters to Midwestern Farmers

I just returned from the American Bar Association's annual fall environmental conference. This year's conference was in Baltimore, at the north end of the Chesapeake Bay. Needless to say that the environmental condition of the bay and the controversy surrounding it were the talk of the conference...

Five Agricultural Legal Issues to Watch in 2014

What will be the hot topics in ag law for 2014? Here are some predictions for the coming year: 1. Clean Air Act Targets Farmers . Congress passed the Clean Air Act in 1970 to clean up the nation’s air. The low hanging fruit of air pollution—power plants, industrial factories, trucks and automobiles...

EPA and DOJ Reach Settlement With Owner/Operator Of Public Water System For Violations Of Safe Drinking Water Act

Customers Forced To Boil Drinking Water For Years. Preet Bharara, the United States Attorney for the Southern District of New York, and Judith A. Enck, the Regional Administrator of the U.S. Environmental Protection Agency, have reached a settlement with defendants Edward A. Eherts and the Painted...

U.S. EPA Issues Final Regulations Governing Cooling Water Use At Power Plants And Industrial Facilities

The U.S. EPA has promulgated final regulations that established requirements for cooling water intakes at existing power plants and industrial facilities. After almost 20 years of attempting to adopt rules under Section 316(b) of the Clean Water Act, [ enhanced version available to lexis.com subscribers...