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Newsletter Articles

Carbon Fee or Cap-and-Trade: After 2018 Legislative Failures, Washington and Oregon Greenhouse Gas Bills Have Second Chance at Life, But Distinct Approaches

October 30, 2018

Since the November 2016 election, it has been a commonplace expectation that “blue” states would push forward with climate legislation and attempt to fill the policy gap left by the Trump Administration. Oregon and Washington – states with Democratic governors and legislatures controlled by Democrats – seemed prime candidates to participate in the effort. More

New California Proposition 65 Regulations Become Effective August 30: Guideposts for Compliance and Risk Management

August 29, 2018

Important changes to California Prop. 65 regulations take effect this week, on August 30, 2018. The new rules include requirements for online retailers, revised “safe harbor” warning labels, and a new allocation of compliance responsibility between retailers and manufacturers, including new authority allocating legal liability. More

Expanding Wildfire Planning Efforts to Address Rising Temperatures

August 21, 2018

Increases in wildfire activity are well documented across the western United States. More

Environmental Investigations Performed Under Consent Orders with the Government Are Not Covered as Defense Costs, Court Rules

June 21, 2018

A federal court has issued a significant insurance coverage decision at odds with the years-long practice in Washington State of resolving cleanup liability disputes with the government short of trial. More

EPA and State Action to Regulate PFAS in Drinking Water Imposes Potentially Significant Costs on Water Systems

June 12, 2018

Momentum to regulate to minute levels a common contaminant found in water systems throughout the United States is growing quickly at the federal, state, and local levels. More

A New Environment for Climate Change Litigation: Climate Change Tort Actions Split U.S. District Judges on Governing Law

May 22, 2018

As the federal executive rolls back Obama-era climate programs, those concerned about climate change have been turning to the courts for relief. More

The True Cost of Scotchgard: 3M to Pay Minnesota $850 Million in Perfluorochemical Settlement

April 3, 2018

On February 20, 2018, the State of Minnesota and 3M Company (“3M”) entered into an agreement settling the State’s claims against 3M for contaminating the State’s natural resources by releasing perfluorinated compounds (“PFASs”), including perfluorooctane sulfate (“PFOS”) and perfluorooctanoic acid (“PFOA”), into the en More

Ninth Circuit Holds Discharging to Groundwater Wells Requires Clean Water Act Permit

March 6, 2018

Introduction

A recent decision from the Ninth Circuit, Hawaii Wildlife Fund. v. County of Maui,[1] held that discharging sewage into groundwater wells requires a permit under the Clean Water Act (“CWA”), where those wells are hydrologically connected to the Pacific Ocean. More