News

California considers: When can a utility be held responsible for wildfire?

California’s Commission on Catastrophic Wildfire Cost and Recovery recently released a draft report recommending that California change its current liability standards relating to when utilities can be held responsible for wildfires. The report was called for by SB 901 which was enacted last year to address the escalating danger that wildfires present to California residents […]

EPA to Evaluate Cost of New Regulations

U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler recently signed a memorandum directing staff to develop plans to reform the process of evaluating the costs and benefits of new regulations. Wheeler specifically instructed the agency’s offices governing water, land, and air quality to identify ways to make the process of evaluating the costs and benefits […]

Private Rights of Action to Cleanup Superfund Sites

Companies may be exposed to unexpected Superfund site cleanup costs beyond those agreed to in deals with the government. The Supreme Court granted review of a Montana Supreme Court’s decision that residents can sue BP America Ltd. for costs related to cleaning up their properties, even though the company already settled with the U.S. Environmental […]

EPA to Audit Itself

The U.S. Environmental Protection Agency’s (EPA) internal watchdog announced on June 13, 2019, that it will audit the EPA’s permitting process for a planned $1 billion Minnesota copper and nickel mine in order to determine whether the EPA complied with Clean Water Act (CWA) requirements and National Pollutant Discharge Elimination System (NPDES) regulations.  The EPA’s […]

Environmental Groups Sue To Stop Shasta Dam Height

Citing violations of California’s Wild and Scenic Rivers Act, the State of California and several environmental and fishing groups are suing a San Joaquin Valley irrigation district over its efforts to help the federal government raise the height of California’s largest reservoir, Shasta Dam.  The lawsuit argues that the project poses significant risks to the […]

Cooper Drum CERCLA Suit Filed in Los Angeles

The Cooper Drum Cooperating Parties Group (CDCPG), a coalition of chemical and energy companies, filed suit under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) in California federal court last week. The lawsuit seeks to force numerous other companies to contribute to the cleanup of hazardous substances at a 2.4-acre former drum reconditioning facility […]

Update on CWA Proposed Replacement Rule

Public comments closed earlier this week on the Environmental Protection Agency’s (EPA) and the Army Corps.’ proposed replacement rule designed to clarify which waterways in the country are subject to Clean Water Act (CWA) jurisdiction. While supporters of the new rule urged an even narrower approach, opponents attacked it as an abdication of environmental responsibility. […]

EPA Rule to Bar Reintroduction of Asbestos

The U.S. Environmental Protection Agency (“USEPA”) finalized a rule on April 17, 2019 that would prevent the use of asbestos in product categories like automobile adhesives and building materials. Asbestos has already been retired by the industry, and this rule would close a “30-year-old loophole” that allowed asbestos products to come back without proper USEPA […]

Trump Issues More Executive Orders Rolling Back Energy and Oil Regulations

President Trump issued two executive orders this past Wednesday that are meant to roll back energy regulations and promote fossil fuel development. In particular, the pair of executive orders are aimed at speeding up the permitting process for oil and gas infrastructure projects and curbing states’ ability to hold up approvals. Under Section 401 of […]

California State Water Board Adopts Controversial Wetlands Rule

Culminating a process that began 11 years ago, the California State Water Resources Control Board last week unanimously adopted a revised policy to protect wetlands in the State. The policy creates a new definition of wetlands peculiar to California, gives a framework to determine a water of the state (nearly everything), and clarifies requirements for […]

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