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Newsletter Articles

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

Pending Updates to California Climate Change Analysis Provide Limited Answers to Difficult Questions

February 14, 2018

California has seen over a decade of controversy and confusion regarding how to apply the state’s environmental impact review statute (the California Environmental Quality Act, or “CEQA”) to questions about the greenhouse gas emissions and climate change impacts of proposed projects. More

How Northwest Utilities Harness Diversity for Efficient Compliance

January 29, 2018

Introduction

The region known as the Northwest Power Pool spans an area encompassing Washington, Oregon, Idaho, Nevada, Utah, portions of Montana, Wyoming, and northern California, and the Canadian provinces of British Columbia and Alberta. More

New California Law Will Require Manufacturers to Disclose Ingredients in Cleaning Products, Air Fresheners, and Automotive Products

January 2, 2018

On October 15, 2017, California Governor Jerry Brown signed the Cleaning Product Right to Know Act into state law.[1] The Act requires manufacturers of general cleaning products, air care products, and certain automotive products[2] that are sold in California to disclose ingredients on product labels and online.More

End of a Long Dry Road: Federal Court Of Claims Rejects Klamath Farmers’ Takings Claims

December 5, 2017

In a seventy-five page opinion, the United States Court of Federal Claims in September brought to a bitter end takings litigation that began 16 years ago, in 2001.[1] The opinion held that while several plaintiffs had property interests that were physically taken by the United States government, they could not pursue their takings claims because their water More