Environmental

Recent Posts

Pharmaceuticals, Drinking Water, and Liability
Posted on 24 Jun 2011 by Dianne Saxe

By Dianne Saxe, Ontario Environmental Lawyer The better our detection ability becomes, the more things we find in the water. One important group of those things is pharmaceuticals and their metabolites. Pharmaceuticals are specifically designed to... Read More

Jenner & Block: New Water Scarcity Mapping Tool
Posted on 29 Jul 2012 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block The World Resources Institute recently released its Aqueduct Water Risk Atlas (Atlas) to help companies identify water-related risks. The Atlas is a tool that provides geographical and sector-specific... Read More

Jenner & Block: Managing Water Risks: Carbon Disclosure Project's Water Disclosure
Posted on 17 Aug 2010 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block In this Analysis, E. Lynn Grayson discusses the Carbon Disclosure Project (CDP) and examines its first water-related information request. She writes: The Carbon Disclosure Project (CDP) has issued its... Read More

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

New USGS Report Finds Wells Contaminated
Posted on 3 Oct 2011 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block According to a new study by the U.S. Geological Survey, Trace Elements and Radon in Groundwater Across the United States, 1992-2003 , about 20% of untreated water samples from public, private and monitoring... Read More

Jenner & Block: You Are Drinking What? Reuse Of Municipal Wastewater
Posted on 14 Sep 2012 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block The Wall Street Journal has reported that about 60% of the U.S. is now living through drought conditions and half of all counties have been declared disaster areas. Drastic situations call for drastic... Read More

Jenner & Block: USGS Releases Water and Sediment Priority Constituents Monitoring Report
Posted on 18 Jun 2013 by E. Lynn Grayson

By E. Lynn Grayson , Partner, Jenner & Block The USGS has released a new report, Prioritization of Constituents for National and Regional Scale Ambient Monitoring of Water and Sediment in the United States , that addresses the methodology used... Read More

Jenner & Block: Managing Water Risks: Carbon Disclosure Project's Water Disclosure
Posted on 17 Aug 2010 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block In this Analysis, E. Lynn Grayson discusses the Carbon Disclosure Project (CDP) and examines its first water-related information request. She writes: The Carbon Disclosure Project (CDP) has issued... Read More

Study of private wells shows one-quarter have contaminants exceeding MCL''s or USGS health-based screening levels
Posted on 4 May 2009 by Thomas H. Clarke, Jr.

About 15% of the U.S. population (43 million) use drinking water from private wells. A recently published USGS survey of 2,167 private wells found in 48 States found 23% had at least one contaminant that exceeded either the MCL's (set by EPA under... Read More

The Clean Water Act is neglected, at a cost in suffering, notes an investigative article in today's New York Times
Posted on 14 Sep 2009 by Thomas H. Clarke, Jr.

As noted in today’s New York Times: “Almost four decades ago, Congress passed the Clean Water Act to force polluters to disclose the toxins they dump into waterways and to give regulators the power to fine or jail offenders. States have passed... Read More

In the context of the battle over water transfers in the Everglades, 11th Circuit finds that the unitary waters theory of CWA pollutant is one of two reasonable interpretations of the CWA, and thus upholds EPA's regulation
Posted on 28 Jun 2009 by Thomas H. Clarke, Jr.

Prior posts have noted the ongoing battle over the transfer of water within the various canals and lakes around and in the Florida Everglades; the key legal question has been whether or not a CWA permit is required for such transfers because it is a transfer... Read More

EPA amends civil penalties to adjust for inflation and corrects the inadvertent omission of four CWA violations from the table of infractions
Posted on 8 Feb 2009 by Thomas H. Clarke, Jr.

The Debt Collection Improvement Act of 1996 requires federal agencies to adjust statutory civil penalties for inflation every four years. EPA amended its final rule pursuant to the Act to increase statutory civil penalties for environmental infractions... Read More

Sixth Circuit upholds state law re ballast mandating either no discharge or use of an approved treatment method prior to discharge
Posted on 17 Dec 2008 by Thomas H. Clarke, Jr.

Plaintiffs, a coalition of shipping companies, non-profit shipping associations, a port terminal and dock operator, and a port association, sued in District Court to declare unconstitutional a Michigan law, which took effect in 2007, that required all... Read More

California SWRCB begins triennial review of antidegradation policy
Posted on 22 Nov 2008 by Thomas H. Clarke, Jr.

In 1968, the California State Water Resources Control Board, the parent agency of the Regional Water Quality Control Boards, adopted Resolution 68-16, which has remained unchanged since then. The resolution adopted the "antidegradation policy"... Read More

Cal-EPA Secretary asks U.S. EPA to allow California to enforce ban on sewage discharges by ships in California's waters
Posted on 25 Apr 2009 by Thomas H. Clarke, Jr.

In 2005, California enacted a law that prevented all privately-owned ocean going vessels of 300+ tons from discharging human waste or grey water into California waters. See http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0751-0800/sb_771_bill_20051006_chaptered... Read More