Recent Posts

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action
Posted on 26 Mar 2012 by Shane Dilworth

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... Read More

Silver nanoparticles are transformed by sewage treatment
Posted on 18 Dec 2010 by Thomas H. Clarke, Jr.

Prior posts have noted a number of issues related to nanoparticles. Silver nanoparticles are used in hundreds of consumer products, including food storage containers, clothing, computer keyboards, cosmetics, pillows, cell phones, and medical appliances... Read More

Even toxics can act as a generic selection factor in the environment
Posted on 22 Feb 2011 by Thomas H. Clarke, Jr.

One of the themes of this blog has been that virtually anything present in the environment can act as a selection factor influencing the course of evolution. A recent study on fish and PCB's and dioxins illustrates this point. Unfortunately for humans... Read More

BP Alaska to Pay $25 Million Penalty for Alaskan North Slope Oil Spill
Posted on 4 May 2011 by LexisNexis Environmental Law Community Staff

WASHINGTON – The U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice and the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) have announced that BP Exploration Alaska... Read More

Fighting the Last War: The Relevance (and Irrelevance) of the Exxon Valdez Spill to the Deepwater Horizon Spill
Posted on 7 May 2010 by Bradley M. Marten

By Brad Marten A number of us in the Pacific Northwest can remember the phone ca ll that came in the spring of 1989 telling us to come to Alaska. There had been an oil spill, the caller said, and we had better get up there right away. We packed up... Read More

Did Gulf surface bacteria not find Deepwater Horizon oil to be a complete diet?
Posted on 7 Aug 2011 by Thomas H. Clarke, Jr.

Prior posts have discussed various aspects of the Deepwater Horizon oil spill and its impact on the biota of the Gulf. Bioremediation has several goals. First, one uses nature to remediate contamination, saving significant sums. Second, the "food"... Read More

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA
Posted on 19 Mar 2012 by Thomas H. Clarke, Jr.

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... Read More

More Funding Sought For Water Infrastructure Improvements
Posted on 4 Apr 2012 by E. Lynn Grayson

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... 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

Diversity not only provides increased stability to ecological communities, it is more efficient for remediating contamination
Posted on 13 Apr 2011 by Thomas H. Clarke, Jr.

It has long been an axiom of environmental science that a diverse ecological community (aka biodiversity) is more resilient and productive because it stabilizes the ecological system as a whole. This should not be confused with a focus on an individual... Read More

Overview of EPA, Region 2 Biennial Conference at Columbia University on May 21, 2010
Posted on 25 May 2010 by John G. Nevius

By John Nevius, Shareholder, Anderson Kill & Olick P.C. The following is a summary overview of parts of the U.S. EPA, Region 2 Biennial Conference at Columbia University which was held on Friday, May 21, 2010: Marcellous Shale: property values... Read More

Arctic ozone deficiency gets severe and moves beyond the Arctic region
Posted on 14 Apr 2011 by Thomas H. Clarke, Jr.

If you thought that limitations on CFC production and usage would solve the ozone "hole" problem, unfortunately you were mistaken. A number of factors play a role. First, as noted in prior posts, some of the replacement chemicals turn out to... 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... Read More

Ninth Circuit rules that owners of storm water systems (e.g., cities, counties, districts) are liable for discharges of polluted stormwater into rivers and ocean
Posted on 11 Mar 2011 by Thomas H. Clarke, Jr.

It is well known that stormwater gathers a variety of pollutants as it flows across the landscape and even through stormwater drainage systems. See, for example, http://cfpub.epa.gov/npdes/home.cfm?program_id=6 and http://www.epa.gov/owow_keep/NPS/index... Read More

Oral Arguments Held at Supreme Court on Judicial Review of EPA Compliance Order to Restore Wetlands
Posted on 11 Jan 2012 by LexisNexis Environmental Law Community Staff

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... Read More