E2 Law Blog

JUNE 7, 2022

The Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act and the Chesapeake Bay Total Maximum Daily Load in part by imposing obligations on municipal separate storm sewers (MS4s) beyond the statutory minimum imposition of control to the “maximum extent practicable” or “MEP.”

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Circle of Blue

MAY 3, 2023

Vending machine selling water on Maui, 2021. Photo: Christian Thorsberg YOUR GLOBAL RUNDOWN On Maui , where colonial and commercial parties stole land and water decades ago, Native Hawai’ian farmers are working to restore ancient water systems while litigating for reparations.

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E2 Law Blog

JULY 18, 2022

Greenberg Traurig Tampa office Shareholders David Weinstein and Christopher Torres and Associate Kayli Smendec co-authored the chapter titled “Environmental Enforcement and Crimes” in Environment, Energy, and Resources Law: The Year in Review 2021, published by the ABA Section of Environment, Energy, and Resources.

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Circle of Blue

MAY 31, 2022

The EPA intends to deny a Clean Water Act permit for a mine development in Alaska’s Bristol Bay watershed. Officials sign a Navajo-Utah water rights settlement. The EPA announces an interagency working group for water reuse. The Rundown. NOAA expects another above-average Atlantic hurricane season. By the Numbers.

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E2 Law Blog

MAY 24, 2021

May 24, 2021) , attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. On Monday, the Supreme Court decided Territory of Guam v. 20-382 (U.S.

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Vorys Law

SEPTEMBER 13, 2021

On August 30, 2021, the U.S. District Court for the District of Arizona issued an Order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. Environmental Protection Agency. Following the Court’s Order, U.S. EPA and the Army Corps of Engineers issued a joint statement on U.S.

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Environment Next

JULY 22, 2021

On July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2011 , requiring EPA to establish nationwide drinking water standards for PFOA and PFOS, two of the thousands of PFAS compounds. EPA has previously established non-enforceable drinking water health advisories for PFOA and PFOS of 70 ppt.

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Environment Next

AUGUST 31, 2021

On August 30, 2021, the U.S. District Court for the District of Arizona vacated a 2020 rulemaking that had pared back protections to certain bodies of water (see attached August 30, 2021 Opinion ). The 2020 rulemaking replaced a 2015 rule defining “waters of the United States” more broadly under the Clean Water Act.

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The Energy Law Blog

MAY 24, 2023

BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development. The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale.

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Acoel

AUGUST 2, 2021

Posted on August 2, 2021 by Kevin R. Early in my career, I was involved in a natural resource damages case seeking to establish the monetary value of an impacted drinking water aquifer. Without a fresh look at water policy, efforts toward climate change will, at best, come too late.

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MGKF Law

MAY 24, 2021

20-382 (May 24, 2021), the eagerly anticipated opinion on whether consent decrees and administrative orders that do not expressly resolve liability for claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) nevertheless give rise to a claim for contribution under Section 113(f)(3) of CERCLA.

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Smith Enviorment

DECEMBER 14, 2023

This post covers the most significant legislation affecting state water quality protections: AQUACULTURE PERMITTING Replace the existing NPDES General Permit for aquaculture operations. The Clean Water Act requires a National Pollutant Discharge Elimination System (NPDES) permit for any release of waste to surface waters.

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The Energy Law Blog

DECEMBER 9, 2021

On December 3, 2021, the Department of Justice published a notice in the Federal Register of a settlement between Federal and State Trustees and Kirby Inland Marine, LP (“Kirby”) to resolve natural resource damages from a 2014 oil release. In November 2021, the U.S. Additionally, Kirby paid $4.9

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Environment Next

AUGUST 4, 2020

The important take away is that state environmental compliance inspections of regulated facilities will occur as planned in 2020 and 2021, but may be delayed or performed remotely. It remains uncertain exactly how remote inspections will proceed and what techniques may be used to ensure their validity.

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Circle of Blue

MAY 16, 2023

Per a 2021 progress report, the program made a difference: “increased conservation practices prevented an estimated 124,000 pounds of phosphorus and 182,000 tons of eroded soil,” the Journal-Sentinel reports. These practices can limit runoff, but they are expensive to implement.

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National Law Center

JULY 15, 2021

In April, 2021, the State of Indiana adopted a new law concerning the regulation of interstate wetlands. Senate Bill 389 (“SB. The post New Law Changes Wetland Regulation in the State of Indiana appeared first on National Agricultural Law Center.

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Acoel

JUNE 23, 2021

Posted on June 23, 2021 by Beth S. On June 23, 2021, the Ninth Circuit in Deschutes River All. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean Water Act. Portland Gen.

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PA Environment Daily

JANUARY 15, 2023

In June, 2021, DEP released final sampling results collected from public water systems which do not indicate widespread PFAS contamination in those systems. DEP estimates the cost of complying with this new MCL will be $121.5 million annually-- $115.3 million for annual treatment capital and operation and maintenance costs and $6.2

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National Law Center

JANUARY 6, 2022

Environmental law issues were at the forefront in 2021, and 2022 is shaping up to be no different. With on-going lawsuits, The post Environmental Law Topics to Watch in 2022 appeared first on National Agricultural Law Center.

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E2 Law Blog

MAY 10, 2021

MDE has adopted this approach to satisfy, in part, the State’s obligations to comply with the Chesapeake Bay Total Maximum Daily Load for nutrients and solids under the federal Clean Water Act. MDE administers NPDES permitting in the State. In 2019, we noted on this blog the Maryland Court of Appeals’ decision in Md. 1865, Sept.

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PA Environment Daily

JULY 27, 2021

By Amy Mall, Natural Resources Defense Council This article first appeared on the NRDC Blog July 21, 2021 -- The U.S. oil and gas industry produced an estimated one trillion gallons of produced water in 2017. Rules to protect workers, including truck drivers, also have significant gaps.

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Acoel

JULY 27, 2021

Posted on July 27, 2021 by Seth Jaffe. I can imagine a facility owner persuasively arguing that its discharge does not cause the exceedance of any water quality criteria, and thus that no effluent limits need be imposed. My quick answer is that it will probably have no effect.

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National Law Center

DECEMBER 9, 2021

On December 6, 2021, the Environmental Protection Agency (“EPA”) published in the Federal Register its highly-anticipated proposed rule to redefine the. The post WOTUS Update: EPA Releases Proposed Rule to Redefine WOTUS appeared first on National Agricultural Law Center.

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Law Columbia

AUGUST 30, 2021

We also discuss the application of domestic laws, such as the federal Marine Protection, Research, and Sanctuaries Act, Clean Water Act, Coastal Zone Management Act, and National Environmental Policy Act. For more information about this and other related work, visit our website here.

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PA Environment Daily

SEPTEMBER 18, 2023

The guidance was put out for two public comment periods in August of 2020 and October 2021. The most recent public comment period closed on December 15, 2021. DEP is required by the federal Clean Water Act to submit a report to the U.S. Document: 383-4200-003.] Click Here for DEP’s presentation.

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Enviromental Defense

JANUARY 20, 2023

The water quality was so bad that there were incidents where tributary rivers that empty into Lake Erie caught fire. These deplorable conditions eventually led to the implementation of the Clean Water Act , which was passed in 1972 and strengthened regulations on industrial waste disposal.

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ESA

DECEMBER 20, 2021

The bill retains a provision from the House bill repealing section 20001 of the 2017 Tax Act, which required the Bureau of Land Management to offer oil and gas lease sales in the Arctic National Wildlife Refuge and cancels the leases sold in January 2021. Ocean CDR is a set of strategies to sequester carbon dioxide in ocean waters.

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National Law Center

OCTOBER 7, 2021

When the Biden Administration took office in January, 2021, President Biden issued an Executive Order requiring all federal agencies to review. The post Biden Administration Begins Review of Environmental Regulations appeared first on National Agricultural Law Center.

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PA Environment Daily

SEPTEMBER 20, 2023

In July 2021, Physicians for Social Responsibility reported PFAS chemicals were used by Chevron in fracking unconventional shale gas wells between 2012 and 2020. Read more here. Written by David Hess, former Secretary, PA Department of Environmental Protection. Send comments to: PaEnviroDigest@gmail.com.)

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National Law Center

SEPTEMBER 2, 2021

On August 30, 2021, a federal judge in the district of Arizona issued an order vacating the Navigable Waters Protection Rule. The post Arizona Court Vacates WOTUS Rule appeared first on National Agricultural Law Center.

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Law Columbia

SEPTEMBER 7, 2021

federal laws include the Outer Continental Shelf Lands Act, the National Environmental Policy Act, the Endangered Species Act, the Coastal Zone Management Act, the Marine Protection, Research, and Sanctuaries Act, and the Clean Water Act. Potentially applicable U.S.

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E2 Law Blog

NOVEMBER 2, 2021

18, 2021, United States Environmental Protection Agency (EPA) Administrator Michael S. Regan announced the EPA’s strategy to address certain per- and polyfluoroalkyl substances (PFAS): PFAS Strategic Roadmap: EPA’s Commitment to Action 2021-2024. NOTE : The EPA will be hosting a webinar on this topic on Nov. 2 at 2:00 p.m.

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Acoel

JULY 12, 2021

Posted on July 12, 2021 by Alexandra Dapolito Dunn. The 2016 Lautenberg Amendments turning five on June 22, 2021 provides a perfect opportunity to reflect on how this ambitious and bold statute is growing up –­ and faring in the courts. Tracking the body of law building up around the Amendments is, for now, a manageable exercise.

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Washington Nature

MAY 21, 2021

The Stormwater Trio Messager’s study, published in the Science of the Total Environment in May 2021 , is one of three papers recently published by teams of scientists from the Nature Conservancy, the Levin Laboratory, and NOAA. © Phil Green/TNC. I loved this project,” wrote Phil Levin.

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Circle of Blue

SEPTEMBER 13, 2022

In 2021, USDA spending on conservation reached 29 of Lenawee County’s 1,300 farms. The 1972 Clean Water Act immunizes crop farmers from government regulations to control agricultural runoff. billion budget in 2021. In this game, Michigan is a small player, garnering just more than $50 million.

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PA Environment Daily

NOVEMBER 1, 2021

Enforcing the Clean Water Act and investing in the pollution-reduction practices that provide clean water and mitigate climate change will be paramount to CBF success going forward.” Posted: November 1, 2021] PA Environment Digest

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Acoel

OCTOBER 26, 2021

Posted on October 26, 2021 by Ronald Janke. 25, 2021), that they will host ten virtual regional roundtables for the purpose of engaging in meaningful dialogue on the definition of waters of the United States (“WOTUS”) under the Federal Water Pollution Control Act.

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