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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...

Michigan Department of Envtl. Quality v. Flint, City of

A district court held that the city of Flint, Michigan, must choose a long-term water source and gave the city a week in which to do so. After the events of the Flint water crisis, EPA notified the city that it would need to make a...

The State of Compensatory Mitigation

Compensatory mitigation has been a rapidly growing industry among states, nonprofits, and the private sector ever since the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) released their 2008...

Seneca Resources Corp. v. Highland Township

A district court held that a township's Home Rule Charter prohibiting deposition of any waste from oil and gas extraction within the township and invalidating any state permit to the contrary was preempted by the SDWA. In 2014, EPA...

Mays v. Flint, City of

The Sixth Circuit held that residents of Flint, Michigan, may pursue class claims against state actors in state court. In January 2016, several plaintiffs filed a class-action lawsuit in state court stemming from the Flint water crisis...

“A Greater Sense of Urgency”: EPA’s Emergency Authority Under the SDWA and Lessons From Flint, Michigan

Section 1431 of the Safe Drinking Water Act (SDWA) grants the U.S. Environmental Protection Agency (EPA) expansive emergency authority to protect public drinking water sources from contamination. Specifically, §1431 authorizes the EPA...

Manitoba, Province of v. DOI

A district court held that the Bureau of Reclamation (Bureau) did not violate NEPA when it decided to proceed with a water supply project. In 2002, the Province of Manitoba sued under NEPA to prevent the Bureau from proceeding with the...

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...

Benoit v. Saint-Gobain Performance Plastics Corp.

A district court allowed suits against two manufacturing companies to go forward for groundwater contamination. Residents of Hoosick Falls, New York, brought suit against the manufacturers after they discovered perfluorooctanoic acid (...

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...