Recent Posts

EPA Announces Schedule to Develop Natural Gas Wastewater Standards
Posted on 21 Oct 2011 by LexisNexis Environmental Law Community Staff

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... Read More

The Ninth Circuit reads very narrowly the circumstances under which attorney's fees will not be awarded to a prevailing party in CWA litigation
Posted on 22 May 2011 by Thomas H. Clarke, Jr.

The Resurrection Bay Conservation Alliance sued the City of Seward, Alaska, for violation of the CWA in discharging pollutants without an NPDES permit from both the small boat harbor and the industrial park. About 9 months later, both parties filed MSJ;... Read More

City of Huntington Creates Water Quality Board Combining Wastewater, Stormwater and Flood Wall Operations
Posted on 27 Aug 2014 by Steptoe & Johnson PLLC

Historically, the City of Huntington, West Virginia operated three municipal services related to management of the water quality and quantity in and around City proper under separately established municipal corporate organizations: 1) the Huntington Flood... Read More

Marten Law on National Mining Ass'n v. Jackson: No Means No--EPA Told Again Not to Regulate Through Guidance
Posted on 7 Sep 2012 by Jeff Kray

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... Read More

Why the Chesapeake Bay Matters to Midwestern Farmers
Posted on 5 Nov 2013 by Todd Janzen

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... Read More

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

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... Read More

Oil Spill MDL Judge: Discharge Was Result Of BP’s Willful Misconduct
Posted on 4 Sep 2014 by Shane Dilworth

NEW ORLEANS — (Mealey's) The federal judge in Louisiana overseeing litigation stemming from the explosion of the Deepwater Horizon oil rig in April 2010 and ensuing oil spill in the Gulf of Mexico issued his findings of fact and conclusions... Read More

Sackett v. EPA - Supreme Court Allows Pre-Enforcement Review of Clean Water Act Compliance Orders
Posted on 6 Apr 2012 by Sedina L. Banks

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... Read More

$1.5 Million Fine Levied Against Hog Farm for Violating the Clean Water Act
Posted on 27 Feb 2012 by Todd Janzen

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 ... Read More

House Votes to Thwart USEPA and Army Corps’ ‘Waters of the United States’ Rulemaking
Posted on 23 Sep 2014 by Babst Calland

By Abigail Faulkner Jones On September 9, the U.S. House of Representatives voted to pass a bill introduced in response to the ‘Waters of the United States’ Proposed Rule that was prepared jointly by the U.S. Army Corps of Engineers (USACE... Read More

Marten Law on LA County Flood Control Dist. v. Natural Resources Defense Council
Posted on 28 Jan 2013 by Russell Prugh

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"... Read More

EPA Releases DMR Pollutant Loading Tool
Posted on 2 Feb 2012 by E. Lynn Grayson

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... Read More

EPA and DOJ Reach Settlement With Owner/Operator Of Public Water System For Violations Of Safe Drinking Water Act
Posted on 25 Mar 2014 by LexisNexis Legal Newsroom Staff

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... Read More

Rapanos Guidance III – "Waters" Revisited
Posted on 21 Sep 2011 by Richard Glaze

Richard E. Glaze, Jr., Partner, Balch & Bingham, LLP [1] On May 2, 2011, the United States Environmental Protection Agency and the United States Army Corps of Engineers[2] issued draft joint guidance[3] for the interpretation of the phrase "waters... Read More

Louisiana Federal Judge Signs Consent Decree For Deepwater Horizon $1 Billion Settlement
Posted on 20 Feb 2013 by Shane Dilworth

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... Read More