On November 9, 2017, on the heels of New Jersey’s move to set a maximum contaminant level for certain perfluoroalkyl substances, California’s Office of Environmental Health Hazard Assessment (OEHHA) added perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) to the list of chemicals known to the state of California to cause reproductive toxicity (also known as the Prop 65 list).

Continue Reading California Adds PFOA and PFOS to Prop 65 Warning Requirements

On Tuesday, February 9, 2016, the U.S. Supreme Court granted a stay of the Clean Power Plan based on applications filed by a broad coalition of states, the coal industry, the utility industry, and chambers of commerce. The parties filed the applications after the D.C. Circuit Court of Appeals denied similar motions. Continue Reading U.S. Supreme Court Grants Stay of the Clean Power Plan

In a significant win affirming the ongoing validity of long-issued permits, United States District Judge Sam A. Lindsay of the Northern District of Texas dismissed all of the claims brought by two groups challenging the National Pollutant Discharge Elimination System (NPDES) permit issued to Georgia-Pacific LLC’s Crossett, Arkansas, paper mill. The Court’s opinion dismissing the case in full was issued January 19, 2016, and is available here. Continue Reading Texas Federal Court Dismisses Novel Challenge to NPDES Permit

The Sixth Circuit today issued an order staying the applicability of the EPA and Army Corps’ recently promulgated Clean Water Rule. The stay applies nationwide.

A coalition of private parties, industry groups, and more than 30 states challenged the Rule asserting that it unlawfully expanded the jurisdictional reach of the Clean Water Act. A coalition of state petitioners asked the Court to enter a stay with the Court today concluding that a stay was appropriate because, among other things, there was a likelihood that the petitioners would succeed on the merits. Continue Reading Sixth Circuit Issues Stay of WOTUS Rule