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Adobe PDFThe Eighth Circuit Circumscribes the Clean Air Act’s Citizen Suit Provisions
Richard E. Stultz; Morris Polich & Purdy LLP;
Legal Alert/Article
August 23, 2016, previously published on June 22, 2016
In a June 8, 2016, opinion, the Eighth Circuit Court of Appeals affirmed the U.S.D.C. for the Eastern District of Arkansas’s decision that it lacked subject matter jurisdiction to hear a citizen suit under the Clean Air Act (CAA). Nucor Steel-Arkansas v Big River Steel LLC 2016 WL 3184491...

 

Adobe PDFEnvironmental Review of Desert Water Production Project Approved by California Appellate Court
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
Cadiz, Inc. (Cadiz) owns land in San Bernardino County, which overlies the Cadiz Valley and Fenner Valley aquifer system in the Mojave Desert. The aquifer is estimated to contain 17 to 34 million acre-feet of fresh groundwater. Currently this groundwater flows downward to dry lakes, where it mixes...

 

Adobe PDFWhen Grammar Fails, Common Sense Prevails: So Holds a Texas Federal Court in a Recent Arranger Liability Case
Ariana N. Sarabia; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In MEMC Pasadena, Inc. v. Goodgames Industrial Solutions, LLC, 143 F. Supp. 3d 570 (S.D. Texas 2015), Plaintiff MEMC Pasadena, Inc. (“MEMC”), a silicon wafer manufacturer, brought an action against its waste disposal broker, Goodgames Industrial Solutions, LLC (“GIS”)...

 

Adobe PDFIn an Effort to Harmonize, Modernize, EPA Proposes Amendments to NPDES Regulations
Steven L. Hoch, Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
On May 18, 2016, the United States Environmental Protection Agency (USEPA) published a number of proposed amendments to the National Pollutant Discharge Elimination System (NPDES) regulations it believes will address the NPDES application, permitting, monitoring, and reporting requirements that...

 

Adobe PDFCalifornia Proposes Adopting New Permit Program for Wetlands and Waters of the State
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
On June 17, 2016, the State Water Resources Control Board (State Board) proposed adoption of amendments to various regulations relating to discharges of dredged or fill material to waters of the state that are not protected by the federal Clean Water Act (CWA). The State Board also published a...

 

Adobe PDFEPA Increases Civil Penalties
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
Thanks to the amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990, penalty amounts are dramatically increasing for each of the statutes that the Environmental Protection Agency administers that permit the assessment of civil penalties. The EPA’s interim final rule...

 

Adobe PDFNinth Circuit Rejects Environmental Review of Wind Energy Project
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
Columbia Energy Partners, a private energy developer, proposed to build a 104-megawatt wind energy facility in southwestern Oregon. However, as the Court of Appeals aptly noted, “Renewable energy projects, although critical to the effort to combat climate change, can have significant adverse...

 

Adobe PDFEarth Day #1 + 46 Years—We Are Better, But What About The Rest Of The World?
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on June 22, 2016
I still remember the ballyhoo leading up to the first Earth Day 46 years ago on April 22, 1970, when the smoke-infused fog of the late 60s had cleared. There was a lot of doom and gloom voiced about the dire consequences that would befall the world if we didn’t step up to the plate and do the...

 

Adobe PDFIf You Pump Water, You May be a Polluter—Ain’t That Swell!
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
Groundwater is a precious resource and when it becomes contaminated due to decades of dumping methyl-ethyl-death (“MED”) out the back door, something has to be done. But imagine, if you will, that you are a private or public supplier of water and that part or all of your groundwater is...

 

Adobe PDFCongress Sees the Light: TSCA Reformed
Ariana N. Sarabia; Morris Polich & Purdy LLP;
Legal Alert/Article
August 22, 2016, previously published on August 2, 2016
In an increasingly rare bipartisan move, Congress approved a major revision of the Toxic Substances Control Act (TSCA) and sent H.R. 2576 to the Oval Office for signature. President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act into law on June 22, 2016. TSCA has not...

 


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