Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Solicitor General Supreme Court Filing Addressing Maui
The United States Solicitor General (“SG”) filed a brief related to the Petitions for Writs of Certiorari addressing Ninth and Fourth Circuit decisions titled: County of Maui, Hawaii, Petitioner v. Hawaii Wildlife Fund et al. Kinder Morgan Energy Partners, L.P., et al., v. Upstate Forever, et al. …
OSHA Enforcement: Dallas, Texas Utility Contractor Cited for Alleged Violations Associated with Hydrogen Sulfide
The Occupational Safety and Health Administration (“OSHA”) proposed citations for RKM Utility Services, Inc. (“RKM”) for allegedly failing to protect workers from exposure to hydrogen sulfide gas. RKM is described as a utilities contractor. The alleged exposure is stated to have occurred during a…
21st Annual Arkansas Soil & Water Education Conference/Expo: Jonesboro, Arkansas (ASU) - January 30th
The 21st Annual Arkansas Soil & Water Education Conference & Expo (“Conference”) will be held in Jonesboro, Arkansas, at Arkansas State University on January 30th. The Conference will address issues and trends in soil and water conservation. The Steering Committee Chair, Joseph Massey is quoted in…
Wetlands/Condemnation: New York Appellate Court Addresses Evidentiary Issue
The New York Supreme Court (Appellate Division)(“Court”) addressed in a January 9th opinion an evidentiary issue associated with the condemnation by the State of New York of a parcel of real property. See Kermanshahchi, et al. v. State of New York, 2019 N.Y. Slip Op. 00103. The evidentiary issue…
Trispot Darter/Endangered Species Act: U.S. Fish and Wildlife Service Final Rule Determining Threatened Status
The United States Fish and Wildlife Service (“Service”) issued a December 27th final rule under the Endangered Species Act (“ESA”) for the trispot darter fish. The final rule: Determined threatened species status for the fish Designated more than 180 miles of river as critical habitat for the fish…