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Quality

Hopi Tribe v. Ariz. Snowbowl Resort LLP

The Arizona Court of Appeals held that a tribe may proceed with its nuisance claim against a ski resort for its use of reclaimed wastewater to make artificial snow. In 2002, the ski resort contracted to purchase reclaimed wastewater for...

Green Infrastructure for Chesapeake Stormwater Management in a Changing Climate

One of the greatest impacts of climate change on the Chesapeake Bay Watershed will be the need for stormwater management. With green infrastructure, the Chesapeake region is in position to take national leadership on the issue of...

Mays v. Snyder

The Michigan Court of Appeals held that a class action case involving the Flint water crisis can proceed. Citizens of Flint formed a class and sued Michigan officials for their "deliberate" decision to expose them to toxic water from...

Conservation Law Foundation v. EPA

The First Circuit held that stormwater running off parking lots and other paved surfaces at Harvard, MIT, and other Boston-area universities will remain unregulated even though it may be polluting the Charles River and its tributaries....

The Water Works & Sewer Bd. of the Town of Centre v. 3M Co.

A district court held that a water pollution case against carpet manufacturers belonged in state court as complete diversity did not exist, rejecting the carpet manufacturers' claim of fraudulent joinder. A sewer board (Board) brought...

New Jersey Department of Environmental Protection v. Cheyenne Corp.

A New Jersey appellate court held that the state environmental agency properly ordered a theme park to decommission a well used for drinking water after it twice tested positive for E. coli. The well in question tested positive in...

Orange Cty. Water Dist. v. Sabic Innovative Plastics US, LLC

A California appellate court held that the Water District of Orange County may pursue state Superfund claims for groundwater contamination. In 1998, the District discovered two VOCs in groundwater drawn from the South Basin area. In...

Good v. W. Va. Am. Water Co.

A district court rejected a public utility's attempt at a global settlement with those impacted by a 2014 chemical spill into West Virginia's Elk River. On January 9, 2014, over 224,000 residents of Charleston, West Virginia, and the...

Mid-Monmouth Realty Assocs. v. Metallurgical Indus., Inc.

A New Jersey appellate court ruled that an insurance company must indemnify a realty company for soil removal connected to groundwater contamination at one of its properties. By merger, the realty company became the successor in...

Nolen Scott Ely v. Cabot Oil & Gas Corp.

A district court vacated a jury verdict and award of $4.2 million award in favor of two Pennsylvania families in a case involving well water contamination from a fracking operation. In 2009, 44 families sued an oil company for damages...