LexisNexis® Legal Newsroom
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

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.html . In NRDC v. County of Los Angeles, Ninth...

EPA finalizes mountaintop mining guidance for Appalachia

EPA issued final guidance concerning environmental permitting regulations for mountaintop mining in Appalachia, maintaining the strengthened requirements it set out in the earlier interim guidance that was released on April 1, 2010. A summary of the guidance can be found at http://water.epa.gov/lawsregs...

Jenner & Block: Army Corps Proposes New Controls To Protect Great Lakes From Evasive Aquatic Species

By E. Lynn Grayson , Partner, Jenner & Block The U.S. Army Corps of Engineers (USACE) recently released an updated list of controls it has identified for preventing the transfer of aquatic nuisance species (ANS) between the Great Lakes and the Mississippi River Basin. In the Aquatic Nuisance...

Decker v. Northwest Environmental Defense Center makes some interesting points on the scope and interpretation of the CWA

In Decker v. Northwest Envtl. Def. Ctr ., 2013 U.S. LEXIS 2373 (3/20/13), the Court addressed stormwater runoff from logging roads in Oregon. Georgia-Pacific et al used two logging roads from which rainwater runs off into ditches, culverts, and channels that discharge into nearby rivers and streams....

Special Master Appointed in Florida v. Georgia “Water Wars” and New ACT Lawsuits

By William Droze , Angela Levin , and Kate Warihay , Attorneys, Troutman Sanders LLP The tri-state water wars continue to divide the Southeast as litigation moves forward. In Georgia, two river basins supply water to metropolitan Atlanta—the Apalachicola-Chattahoochee-Flint (ACF) River Basin...