Earth and Water Group

12/03/2018

We are likely to see an increase in these types of criminal negligence prosecutions by DOJ/EPA, involving companies who fail to provide sufficient oversight over employees who collect, monitor and report environmental quality reports to the state regulatory agency or to EPA. The company in the present case admitted to failing to meaningfully supervise the accuracy of the discharge reports. The nation's environmental statutes are premised on accurately self-monitoring and reporting the quality of performance relative to a facility's permitting parameters. [ 705 more words ]

We are likely to see an increase in these types of criminal negligence prosecutions by DOJ/EPA, involving companies who fail to provide sufficient oversight over employees who collect, monitor and report environmental quality reports to the state regulatory agency or to EPA. The company in the prese...

10/19/2018

On October 18, the District Court for Western District of Washington rejected EPA’s motion for summary judgment arguing that the Clean Water Act, 33 U.S.C. § 1251 et seq. did not require EPA to develop a temperature Total Maximum Daily Load (TMDL) for the Columbia and lower Snake River. (court order linked here) The Columbia and Lower Snake are native habitat for multiple species of salmon and steelhead – including several threatened and endangered anadromous fish species – that migrate downstream to the Pacific Ocean as juveniles and back upstream as adults to spawn. [ 443 more words ]

On October 18, the District Court for Western District of Washington rejected EPA’s motion for summary judgment arguing that the Clean Water Act, 33 U.S.C. § 1251 et seq. did not require EPA to develop a temperature Total Maximum Daily Load (TMDL) for the Columbia and lower Snake River. (court or...

07/27/2018

This week the Trump Administration rolled out a new policy (Memo No. 2018-093) discontinuing certain mitigation practices involving natural resource impacts on public lands managed by the Bureau of Land Management (BLM). While the policy states that “voluntary” compensatory mitigation will be allowed in certain circumstances, it ends the practice of BLM accepting monetary payment to mitigate impacts of a proposed action. [ 940 more words ]

This week the Trump Administration rolled out a new policy (Memo No. 2018-093) discontinuing certain mitigation practices involving natural resource impacts on public lands managed by the Bureau of Land Management (BLM). While the policy states that “voluntary” compensatory mitigation will be al...

07/24/2018

The Office of Inspector General (OIG) for the U.S. Environmental Protection Agency (EPA) issued a final report this past week dealing with the circumstances in Flint Michigan that lead to the exposure of residents to elevated levels of lead in drinking water. After Flint switched its drinking water supply in April 2014, inadequate water treatment exposed many Flint residents to lead. [ 152 more words ]

The Office of Inspector General (OIG) for the U.S. Environmental Protection Agency (EPA) issued a final report this past week dealing with the circumstances in Flint Michigan that lead to the exposure of residents to elevated levels of lead in drinking water. After Flint switched its drinking water....

07/18/2018

According to the GAO report, Nationwide, school districts vary in terms of whether they have tested for lead in school drinking water, with many not testing. According to our survey of school districts, an estimated 43 percent tested for lead in school drinking water in at least one school in the last 12 months, while 41 percent had not tested.26 An estimated 35 million students were enrolled in districts that tested as compared with 12 million students in districts that did not test. [ 226 more words ]

According to the GAO report, Nationwide, school districts vary in terms of whether they have tested for lead in school drinking water, with many not testing. According to our survey of school districts, an estimated 43 percent tested for lead in school drinking water in at least one school in the la...

06/19/2018

The Trump White House has signaled its intent to begin rewriting regulations for the National Environmental Policy Act. Although each federal agency has its own NEPA regulations, CEQ's regulations serve as broad guidelines for the entire government. CEQ submitted an advanced notice of proposed rulemaking to the Federal Register on Friday, June 15, that reflects the direction of this White House. [ 61 more words ]

The Trump White House has signaled its intent to begin rewriting regulations for the National Environmental Policy Act. Although each federal agency has its own NEPA regulations, CEQ’s regulations serve as broad guidelines for the entire government. CEQ submitted an advanced notice of proposed rul...

06/15/2018

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06/11/2018

A federal district court in Georgia has issued a preliminary injunction, staying the Obama Clean Streams Law, which sought to clarify the federal government's jurisdiction of Waters of the U.S. under the Clean Water Act. A number of States, including Georgia, West Virginia, Alabama, Florida, Kansas, Kentucky, South Carolina, Utah, and Wisconsin filed suit in June 2015, arguing that EPA and the Corps's final WOTUS rule violated the CWA, the Administrative Procedures Act as well as the Commerce Clause and 10th Amendment of the Constitution. [ 129 more words ]

A federal district court in Georgia has issued a preliminary injunction, staying the Obama Clean Streams Law, which sought to clarify the federal government’s jurisdiction of Waters of the U.S. under the Clean Water Act. A number of States, including Georgia, West Virginia, Alabama, Florida, Kansa...

05/24/2018

For Immediate Release May 24, 2018 Contact: Brent Fewell 202-664-9297 [email protected] Earth & Water Law Group Expands to West Coast Washington, D.C., May 24, 2018 - Earth & Water Law, LLC, part of the Earth & Water Law Group, announced today the expansion of its practice to the West Coast. Craig Manson, former California Superior Court judge, joins the Earth & Water Law team today and will helm the Group’s Sacramento County, California office and its expanding West Coast practice. [ 364 more words ]

For Immediate Release May 24, 2018 Contact: Brent Fewell 202-664-9297 [email protected] Earth & Water Law Group Expands to West Coast Washington, D.C., May 24, 2018 – Earth & Water Law, LLC, part of the Earth & Water Law Group, announced today the expansion of its practice to the...

05/23/2018

Administrator Pruitt Kicks Off National Leadership Summit on PFAS Announces EPA’s four-step plan WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt opened the National Leadership Summit on per- and polyfluoroalkyl substances (PFAS) by announcing concrete steps the Agency plans to take following the Summit: EPA’s Four-Step Action Plan: EPA will initiate steps to evaluate the need for a maximum contaminant level (MCL) for PFOA and PFOS. [ 246 more words ]

Administrator Pruitt Kicks Off National Leadership Summit on PFAS Announces EPA’s four-step plan WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt opened the National Leadership Summit on per- and polyfluoroalkyl substances (PFAS) by announcing concrete st...

05/20/2018

Final Amendments to the Risk Management Program (RMP) Rule Update On May 17, 2018, EPA's Administrator signed a proposed rule requesting public comment on several proposed changes to the final RMP Amendments issued on January 13, 2017. For more information, please see: Proposed Risk Management Program (RMP) Reconsideration Rule. On June 9, 2017, the EPA Administrator signed a final rule to… [ 628 more words ]

Final Amendments to the Risk Management Program (RMP) Rule   Update On May 17, 2018, EPA’s Administrator signed a proposed rule requesting public comment on several proposed changes to the final RMP Amendments issued on January 13, 2017. For more information, please see: Proposed Risk Management ...

05/07/2018

New Owner Clean Air Act Audit Program for Oil and Natural Gas Exploration and Production Facilities Related Information Materials from February 2018 Oil and Natural Gas Roundtable to enhance coordination and communication, and ensure responsible domestic energy production Unconventional oil and gas New Owner Audit Program The EPA is in the process of developing a New Owner Clean Air Act Audit Program tailored for the oil and natural gas sector. [ 264 more words ]

New Owner Clean Air Act Audit Program for Oil and Natural Gas Exploration and Production Facilities Related Information Materials from February 2018 Oil and Natural Gas Roundtable to enhance coordination and communication, and ensure responsible domestic energy production Unconventional oil and gas....