Topic
Groundwater
184 published works
Law & The Environment
Maui’s “Functional Equivalent” Test: Courts Are Still Feeling Their Way
By Seth Jaffe
Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had been undermined by the Supreme…
Environmental and Climate
Illinois EPA Issues Health Advisories for Four Per- and Polyfluoroalkyl Substances (PFAS)
By Kevin G. Desharnais, Todd Fracassi, Dave Ross, Greg Blount
On January 28, the Illinois Environmental Protection Agency (Illinois EPA) announced the issuance of health advisories for four (4) per- and polyfluoroalkyl substances (PFAS) compounds in accordance with the Illinois…
Napoli Shkolnik Blog
AFFF Class Action Lawsuit Filed on Behalf of TX Community
Napoli Shkolnik PLLC has filed a class action lawsuit for the contamination of the groundwater relied upon private well owners in Lubbock, Texas. The class action complaint was filed against…
Energy & the Law
A Unique Discovery Request in a Texas Water Rights Fight
Co-author Rusty Tucker In re Plains Pipeline, L.P., is a suit to adjudicate title to groundwater. Did the trial court err in allowing a party to drill seven test holes…
HeplerBroom Blog
Environmental Attorneys’ Amici Briefs Get It Right
HeplerBroom boasts several of Illinois’ premier environmental-law lawyers, and recently those colleagues were asked to prepare an amicus brief on behalf of the Illinois Environmental Regulatory Group in an appeal…
Gravel2Gavel
A Court-Side Seat: The Fifth Circuit Tackles Groundwater, Title V of the CAA and the Bone Cave Harvestman
By Anthony B. Cavender The Fifth Circuit released three new decisions last Friday. On May 29, 2020. The US Court of Appeals for the Fifth Circuit released three opinions in…
Environmental and Land Use Law
Supreme Court Creates New “Functional Equivalent” Test For Groundwater Discharges
Image by Free-Photos from Pixabay. Wading into a dispute about the Clean Water Act’s applicability to groundwater discharges, the Supreme Court handed environmentalists a somewhat surprising victory in County of Maui…
frESH
US Supreme Court Adopts “Functional Equivalent” Standard for Discharges of Pollutants to Surface Water Through Groundwater
Recently, in a 6-3 decision in County of Maui v. Hawaii Wildlife Fund (Maui), the United States Supreme Court held that a discharge of pollution to groundwater may be regulated…
PFAS and Emerging Contaminants
SCREENING LEVELS VS. HEALTH ADVISORY LEVELS
On December 20, 2019, the United States Environmental Protection Agency (EPA) issued its Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonate (PFOS) under federal cleanup programs,…
Manufacturing Industry Advisor
U.S. Supreme Court Decision Creates Uncertainty, Liability Risk for Releases of Pollutants to Groundwater
By Hillary N. Vedvig, Elizabeth S. Stone, Sarah A. Slack, Peter A. Tomasi
On April 23rd, the U.S. Supreme Court issued its decision in County of Maui v. Hawaii Wildlife Foundation, holding that the Clean Water Act regulates a release to groundwater that indirectly pollutes surface…