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Newsletter Articles

Acquavella – Washington’s 36-Year Old Water Rights Adjudication Nears an End

April 16, 2013

The Washington Supreme Court’s recent opinion in Department of Ecology v. Acquavella (“Acquavella V”) brings water users in eastern Washington closer to the end of a 36 year battle over water allocation in the state’s most fertile agricultural region. More

APA: Eighth Circuit Vacates EPA Water Quality Rules for Failure to Follow Notice and Comment

April 4, 2013


The Eighth Circuit Court of Appeals has invalidated EPA water quality rules issued as letters instead of via formal rulemaking procedures. In Iowa League of Cities v. More

CEQA: Prospects for Reform in 2013

April 4, 2013

To many observers hoping for renewed progress toward reform of California’s keystone environmental law – the California Environmental Quality Act (“CEQA”) – Senator Michael Rubio’s sudden resignation from the State Legislature on February 22, 2013 was something of a shock.[1] Rubio had been chair of the Senate Environmental Quality Committee and was wid More

No Permit Required for Stormwater Discharges from Logging Roads, Supreme Court Rules; Attention Shifts to EPA Rulemaking

March 25, 2013

The Supreme Court continued its recent trend of reversing Ninth Circuit environmental decisions,[1] holding last week in Decker v. More

Interest Groups Take Novel Approach of Using Cross-Boundary Provisions of Clean Air Act to Prod EPA Greenhouse Gas Rulemaking

March 25, 2013

With climate legislation stalled in Congress, environmental groups have been refocusing their efforts on EPA rulemaking and litigation in efforts to speed up greenhouse gas regulation. More

New Research Predicts the Future of California’s Carbon Market

March 21, 2013


Beginning in 2013, large emitters of greenhouse gas in certain sectors in California (“Covered Entities”) must comply with the requirements of California’s cap-and-trade under the Global Warming Solutions Act of 2006 (“AB 32”), including retiring compliance instruments (allowances or offsets) equal to their carbon emissions. More

Ninth Circuit Limits Recovery of Insurance Payments under CERCLA

March 21, 2013

The United States Court of Appeals for the Ninth Circuit recently held that an insurance company cannot recover insurance payments made to a policyholder under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), unless the policyholder first pursues a separate claim to recover environmental response costs from other potentially responsible parties (PRPs).< More

Unanimous House Vote Highlights Potential of Small Hydroelectric Projects

March 7, 2013

On February 13, the House of Representatives passed H.R. 267, the Hydropower Regulatory Efficiency Act of 2013. The House’s 422-0 vote was an encore for the bill, which unanimously passed the House in 2012 but did not come to vote in the Senate before the close of the 112th Congress. More