Legal Corner

California city in 10-year legal battle over groundwater contamination awarded damages

California city in 10-year legal battle over groundwater contamination awarded damages

September 13, 2021 at 8:41 am 0 comments

After a week-long trial, a federal jury has awarded the City of Pomona $48 million in damages from SQM North America Corp., a subsidiary of a large Chilean mining company, for the costs of cleanup of the toxic chemical perchlorate from the city’s groundwater supply. Fertilizer sold by SQMNA and used for decadesRead More

Legal Corner: Water systems contaminated with PFAS seek compensation through multidistrict litigation

Legal Corner: Water systems contaminated with PFAS seek compensation through multidistrict litigation

August 9, 2021 at 7:35 am 0 comments

Water system providers across the United States have joined a multidistrict litigation (MDL) suit claiming that their water supplies are contaminated with per- and poly-fluoroalkyl substances (PFAS) from aqueous film-forming foam (AFFF). These chemicals have been used for decades to extinguish chemical or petroleum fires at military bases, airports, andRead More

Legal Corner: Are Your Assets Protected? A Multi-Pronged Approach to Asset Preservation

Legal Corner: Are Your Assets Protected? A Multi-Pronged Approach to Asset Preservation

July 19, 2021 at 9:09 am 0 comments

By Teno A. West & Jillian Jagling A method for public water system asset preservation is a multi-pronged approach, backed by the goal of ensuring that the assets are returned to the owner in good condition, working order and repair, such that the owner is not required to undertake aRead More

COMMENTARY: The Liberal Case for EPA’s New WOTUS Law

COMMENTARY: The Liberal Case for EPA’s New WOTUS Law

August 10, 2020 at 1:05 pm 0 comments

By Mike Keegan After withstanding numerous preemptive judicial challenges, the Trump administration’s version of the Waters of the United States (WOTUS) went into effect on June 22. The Trump rule circumscribed the federal regulatory power over U.S. waters compared to the 2015 Obama administration’s rule which circumscribed the previous ruleRead More

Legal Corner: Billions to Clean Up Contaminated Water…Who’s Going to Pay for That?

Legal Corner: Billions to Clean Up Contaminated Water…Who’s Going to Pay for That?

June 8, 2020 at 9:11 am 0 comments

By Katie Jones & Stephanie Biehl Flint, Michigan, is now synonymous with “water crisis.” Unfortunately, it’s just the tip of the iceberg. In communities across the country, countless other water crises are unfolding, though with different chemical contaminants and, in many cases, clear fingerprints pointing to those who caused the problem.Read More

EPA: Trump administration’s new WOTUS definition seeks to end confusion, federal overreach

EPA: Trump administration’s new WOTUS definition seeks to end confusion, federal overreach

January 27, 2020 at 12:21 pm 0 comments

U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler and Assistant Secretary of the Army for Civil Works R.D. James last week announced a new, clear definition for “waters of the United States” (WOTUS) with the Navigable Waters Protection Rule.  According to EPA and the Department of the Army, the new definitionRead More

Legal Corner: Where, Oh Where, Will All the Wetlands Go?

Legal Corner: Where, Oh Where, Will All the Wetlands Go?

October 15, 2019 at 3:02 pm 0 comments

By Stanley A. Millan & Elise M. Henry The battle over how to define federal waters began in the early 1970s and continues today. As a result of changing policy and legal uncertainly, it is a challenge for anyone to determine what qualifies as a “water of the United States”Read More

Legal Corner: The Good and Bad News about EPA’s Proposed WOTUS Rule

Legal Corner: The Good and Bad News about EPA’s Proposed WOTUS Rule

April 25, 2019 at 8:34 am 0 comments

By David M. Moore The U.S. EPA and Army Corps of Engineers issued the long awaited proposed waters of the United States (WOTUS) rule on Feb. 14, 2019. Settling the WOTUS question is a major priority for the Trump administration. The Proposed Rule has sweeping implications and affects all promulgated Clean Water ActRead More

Legal Corner: The Rules of the Game

Legal Corner: The Rules of the Game

February 28, 2019 at 9:02 am 0 comments

By Ryan Callender & J. Wes Kerns On Dec. 22, 2017, H.R. 1 (the “Tax Cuts and Jobs Act”) was signed into law. The Tax Cuts and Jobs Act, among other things, reduced corporate tax rates, modified individual tax rates, eliminated many deductions, repealed the corporate alternative minimum tax, and,Read More