Environmental and Natural Resources

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

by Mark D. Johnson On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through groundwater to a “navigable water.” In Hawai’i, the Court found that underground injection wells […]

| 2 min read | Tagged: , , ,
MJ
Former Partner

New Fed Policy Eliminates Ability of Settlement Options to Include Payments to Non-Party NGOs

By Mark Johnson On June 7, 2017, United States Attorney General Jeff Sessions issued a memorandum to all Department of Justice (DOJ) components and 94 United States Attorney’s Offices prohibiting them from entering into any agreement on behalf of the United States in settlement of federal claims or charges that directs or provides for a […]

| 3 min read
MJ
Former Partner

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

by Mark D. Johnson Change is inevitable.  Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes.  Do the changes require a further or modified California Environmental Quality Act (“CEQA”) analysis?  A new California Supreme Court case, Friends of the College of San Mateo Gardens […]

| 3 min read | Tagged: , , , , , ,
MJ
Former Partner

Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA

by Mark D. Johnson Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.”  Generally, removal actions are interim actions to clean up or remove hazardous materials.  42 U.S.C. § 9601(23).  Remedial actions are efforts to permanently remedy the presence of hazardous materials.  Id. § 9601(23).  A claim […]

| 4 min read | Tagged: , , , ,
MJ
Former Partner