Megan McLean

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Megan focuses her practice on environmental law. She has experience working with a variety of legal matters, including National Pollutant Discharge Elimination System (NPDES) permit enforcement, transmission of wind energy and coal ash storage.

Latest Articles

The Trump administration announced in December 2018 its proposed replacement rule defining “waters of the United States.” Under the proposed rule, the number of wetlands that fall outside of federal jurisdiction is expected to increase. Phillip Bower and Megan McLean weigh in on what this means for state regulation of non-federal wetlands in the recent article published in the American Bar Association’s March/April 2019 edition of Trends, the ABA Section of Environment, Energy, and Resources…
Coffee sellers in the State of California will now be required to provide cancer warnings on their coffee products. On March 28, 2018, a California State Court issued a Statement of Decision in a Proposition 65 (Prop 65) case that found that Starbucks and other retailers failed to prove that a chemical found in coffee poses no significant harm. Council for Education and Research on Toxics v. Starbucks Corporation, No. BC435759 (L.A. Super. Ct. Mar.
Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as “waters of the United States” under the Act. Over the years, various federal courts have reached differing conclusions on the question of whether discharges to groundwater can be considered discharges to waters of the United States. This issue recently came to a head in a 9th Circuit opinion. In response, the U.S. Environmental Protection Agency (EPA)…
On February 20, 2018, the U.S. Environmental Protection Agency (EPA) requested comments on whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater or other subsurface flow with a direct hydrologic connection to the jurisdictional surface water may be subject to regulation under the Clean Water Act (CWA). The answer to this question will have far reaching implications because the scope of the agency’s powers under the CWA determines the scope of:…
On February 1, 2018, the U.S. Court of Appeals for the D. C. Circuit issued a stay delaying the implementation of a rule that will require farmers to estimate and report emissions from animal waste. Farmers will now have until at least May 1, 2018 before they are required to report their emissions to the U.S. Environmental Protection Agency (EPA). Last April, the D.C. Circuit invalidated a rule that exempted livestock operations from reporting emissions…
We previously discussed the D.C. Circuit’s decision in Waterkeeper Alliance v. EPA, 853 F.3d, to strike down EPA’s regulation that exempted farms from air pollution reporting requirements for releases of hazardous substances from animal wastes. In October 2017, EPA petitioned the D.C. Circuit to stay the mandate in that case. On November 22, the D.C. Circuit granted EPA’s motion to stay the mandate until January 22, 2018. The stay gives farmers an additional two months…
Last week, the U.S. Environmental Protection Agency (“EPA”) filed a motion in the D.C. Circuit asking the court to delay the reporting requirement until 2018. Unless the motion is granted, farms with reportable releases of hazardous substances from animal waste must begin reporting those releases next Wednesday, November 15, 2017. On November 9, the National Pork Producers Council and the United States Poultry and Egg Association filed a motion in support of EPA’s request to…
On Monday October 30, the U.S. Environmental Protection Agency (“EPA”) filed a motion Monday in the D.C. Circuit asking the court to delay the reporting requirement until January 18, 2018. Unless the motion is granted, owners or operators of farms with reportable releases of hazardous substances from animal waste must begin reporting those releases on November 15, 2017. Since April, EPA has been developing guidance to help farms come into compliance with requirements to report…
We previously discussed the decision of the D.C. Circuit in Waterkeeper Alliance v. EPA, 853 F.3d, striking down EPA’s regulation that exempted farms from air pollution reporting requirements for releases of hazardous substances from animal wastes and EPA’s petition to stay the mandate in that case until late January 2018.  The D.C. Circuit responded to that petition on August 16 and ordered the issuance of the mandate be stayed through November 14, 2017. The Court’s…
In April 2017, the D.C. Circuit issued a decision in Waterkeeper Alliance v. EPA, 853 F.3d 527, which, if upheld, will require approximately 63,000 small- and medium-sized farms that were previously exempt from the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements to come into compliance. Read Husch Blackwell’s analysis of the decision and its implications here. Earlier this week, the U.S. Environmental Protection Agency…