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Ninth Circuit Jettisons Presumption of Irreparable Harm in Endangered Species Act Injunction Cases

July 14, 2015

A panel of the Ninth Circuit Court of Appeals has overturned thirty-year old standards for issuing injunctive relief for procedural violations of the Endangered Species Act (“ESA”). The panel’s decision in Cottonwood Environmental Law Center v. More

Irrigation and Drought in the Northwest and the Potential for Market-based Reallocation of Water to Protect High-Value Crops

July 14, 2015

Drought in Oregon in 2015 ranges from abnormally dry to extreme. As of June 1, 2015 Oregon Gov. Kate Brown declared drought emergencies for 15 Oregon counties. Some areas of the state are experiencing temperatures higher than historic records. More

EPA Issues New Multi-Sector General Permit for Stormwater Discharges

July 1, 2015

EPA recently issued a new multi-sector general permit under the Clean Water Act (“CWA”) governing stormwater discharges from industrial facilities.[1] The new permit is available to twenty-nine sectors of industry in jurisdictions where EPA is the permitting authority.[2] The permit has several key changes, including requ More

Adapting to Drought and Climate Change in the Upper Klamath Basin Comprehensive Agreement

July 1, 2015

Oregon’s Klamath Basin has long been known as a hotbed for water conflict. More

U.S. Fish & Wildlife Proposes Incidental Take Rule for Migratory Birds

June 17, 2015

On May 26, 2015, the United States Fish and Wildlife Service (FWS) issued a Notice of Intent (Notice) that initiated environmental review of a proposal to regulate the incidental take of most of the bird species found in the United States.[1] More

BLM Proposes to Change the Rules for Wind and Solar Permitting

June 17, 2015

The U.S. Bureau of Land Management is about to change the way it permits utility-scale renewable energy projects for the next 20 years. More

California PUC Increases Fine to PG&E Resulting From the San Bruno Explosion to $1.6 Billion

June 3, 2015

In September, 2014, after nearly four years of investigation and hearings, Administrative Law Judges for the California Public Utilities Commission (CPUC) recommended fines against Pacific Gas & Electric Company (PG&E) totaling $1.4 billion[1] for a gas leak, explosion, and fire in San Bruno, California in 2010 that resulted in eight deaths, dozens o More

U.S. Fish & Wildlife Proposes Incidental Take Rule for Migratory Birds

June 17, 2015

On May 26, 2015, the United States Fish and Wildlife Service (FWS) issued a Notice of Intent (Notice) that initiated environmental review of a proposal to regulate the incidental take of most of the bird species found in the United States.[1] More

CERCLA Liability for Air Emissions? Ninth Circuit to Hear Appeal of District Court Decision That Could Expand Superfund Statute’s Reach

April 19, 2015

On December 31, 2014, the United States District Court for the Eastern District of Washington issued an order that has potential significantly to expand the reach of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).[1] In Pakootas v. More

Got Mold? A Brief Guide to Liability and Notice Requirements

March 5, 2008

Thousands of mold-related lawsuits have been filed in the United States during the last decade. Prior to 2000, most mold claims were routinely settled for relatively nominal amounts of $5,000 or less. Today, mold claims by commercial developers and homeowners routinely exceed $100,000, and some are resolved for much higher amounts. More

Interior’s Sage Grouse Plans Raise Concerns for Industry, Politicians in 10 Western States

June 2, 2015

The Bureau of Land Management (BLM) and the U.S. More

EPA Issues New Multi-Sector General Permit for Stormwater Discharges

July 1, 2015

EPA recently issued a new multi-sector general permit under the Clean Water Act (“CWA”) governing stormwater discharges from industrial facilities.[1] The new permit is available to twenty-nine sectors of industry in jurisdictions where EPA is the permitting authority.[2] The permit has several key changes, including requ More

Sale of Used Transformers Does Not Give Rise to “Arranger Liability,” Fourth Circuit Holds

April 18, 2015

The Fourth Circuit Court of Appeals has become the most recent circuit court to weigh in on the distinction between when a party can be held liable as an “arranger” under CERCLA and when the party instead sells a “useful product” that contains hazardous substances. In Consolidation Coal Co. v. More

Adapting to Drought and Climate Change in the Upper Klamath Basin Comprehensive Agreement

July 1, 2015

Oregon’s Klamath Basin has long been known as a hotbed for water conflict. More