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McMillian v. Snyder
A district court granted state defendant's motion to dismiss in a case involving water contamination in Flint, Michigan. Plaintiffs alleged violations of the SDWA as well as state tort claims. The court dismissed the SDWA claims for failure to notify officials of intent to sue and declined to exerci...
Baker v. Saint-Gobain Performance Plastics Corp.
A district court declined to dismiss state-law tort claims stemming from perflurooctanoic acid (PFOA) that leached into groundwater from a factory in Hoosick Falls, N.Y. Plaintiffs found their water supply contained levels of PFOA that were significantly above safe levels. PFOA is associated with in...
NRDC v. McCarthy
A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake of an historic drought, California's governor issued a Drought Emergency Proclamation and directed the State Water...
Board of Water Works Trustees of the City of Des Moines v. Sac County Board of Supervisors
The Iowa Supreme Court held that a city utility cannot sue upstream drainage districts over excess nitrate pollution in the utility's water source. The utility attempted to sue entities that drain wetlands so they can be turned into productive farmland for monetary damages, claiming agricultural run...
Drones and Environmental Monitoring
Aerial drones are emerging as an effective tool for environmental monitoring and enforcement because of their ability to reach areas that would be otherwise inaccessible or cost-prohibitive. However, the regulatory framework has not developed as fast as the technology, raising concerns. As EPA and other agencies consider using drones to monitor industrial sites and farmland, many landowners claim it would be an invasion of privacy. Using drones for inspections also raises legal questions about information obtained from drone flyovers and the associated evidentiary requirements.