The U.S. Court of Appeals for the Ninth Circuit in March heard oral argument in the San Francisco Public Utility Commission’s challenge to its first National Pollutant Discharge Elimination System (NPDES) permit issued after completion of its combined sewer overflow (CSO) long term control plan (LTCP). According to the NationalRead More

By Susan M. Ryan With population growth, increased environmental concerns, and a greater demand for water for residential, commercial and industrial projects, understanding water rights ownership and regulation is important for anyone evaluating water rights. While water laws vary from state to state, it is important to understand the complexitiesRead More

Recently, the City of Pomona, Calif., got one step closer to winning its 10-year lawsuit against the U.S. subsidiary of a Chilean fertilizer manufacturer for contaminating the Southern California city’s drinking water. The defendant had sold Chilean fertilizer used in the area’s citrus orchards which contained a toxic chemical, perchlorate.Read More

SL Environmental Law Group has filed a lawsuit on behalf of the Water Replenishment District (WRD) against 3M Company, E.I. DuPont de Nemours, Inc., and other manufacturers of aqueous film-forming foam (AFFF) for their involvement in the manufacture and sale of per and poly-fluoroalkyl substances (PFAS) that have contaminated groundwaterRead More

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

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

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

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

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

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