Ria Rana

All articles by Ria Rana

 

Splitting from Other Circuits, Sixth Circuit Limits the Scope of the Clean Water Act

This week, the Sixth Circuit diverged from the Fourth and Ninth Circuits by limiting the scope of the Clean Water Act (CWA) as it relates to groundwater. The court held that the CWA cannot regulate pollutants from point sources if they reach navigable waters through groundwater. This decision is a clear split from the Fourth and Ninth Circuits, who have both held this year that groundwater can be regulated under the CWA if it serves as a conduit for pollution
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Glyphosate and Non-Hodgkin’s Lymphoma Claims: Different Results In Different Courtrooms Based On The Same Science

We recently reported on a $289 million verdict for plaintiff Dewayne Johnson against Monsanto Company in the state Superior Court of California, an astounding verdict by the jury who found that Mr. Johnson’s use of glyphosate-containing herbicides caused him to develop a type of cancer known as non-Hodgkin’s lymphoma. Monsanto will be appealing the verdict on the grounds that the science does not show that glyphosate causes cancer. While the court in Johnson admitted scientific evidence by plaintiffs that glyphosate causes
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Ninth Circuit Bans Use of Pesticide Chlorpyrifos in Agriculture

On August 9, 2018, the Ninth Circuit ordered that the EPA ban a widely used pesticide called chlorpyrifos within 60 days. The court found that EPA had failed to determine that chlorpyrifos was safe.  The decision marked the end – albeit perhaps only temporarily – to a decade-long battle between the pesticide and agriculture industry on one side and environmental and public health groups on the other. By way of background, EPA, under the Federal Food, Drug, and Cosmetic Act
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City of Newark – Facing Citizen Suit Over Allegations of Elevated Lead Levels In Drinking Water

On June 26, 2018, the Natural Resources Defense Council (NRDC) and a New Jersey based teachers’ caucus joined forces to file a lawsuit in federal district court alleging, among other things, that the City of Newark’s water system contains dangerous elevated levels of lead that’s putting the health of residents in the community at risk. As many of our readers are aware, NRDC is the nonprofit organization that brought a citizen suit (along with the ACLU) under the SDWA against the City of Flint, MI and other defendants for
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In the Hands of the States: Pesticide Use and Regulation of Marijuana Cultivation

To date, nine states and Washington, DC, have legalized marijuana for recreational use for adults over the age of 21. Additionally, medical marijuana is legal in another 29 states. The National Organization for the Reform of Marijuana Laws has stated that “With over 60 percent of Americans now supporting the full legalization of marijuana for adults, the momentum behind marijuana law reform will not only continue but increase as we head into 2018.” Despite remaining illegal on the federal level,
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In the Name of Transparency: EPA’s Proposed Rule to Limit Scientific Studies Raises Concern

On April 24, 2018, U.S. Environmental Protection Agency Administrator Scott Pruitt proposed a rule to impose limitations on what scientific studies may be used by the agency to promulgate regulations. Mr. Pruitt seeks to exclude from the agency’s consideration any scientific studies that contain confidential data on the grounds that the agency ought to be transparent about the information it relies upon in crafting regulations. The proposed rule has garnered support from certain scientific organizations, like the American Chemistry Council,
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States Sue EPA Over Delay in Setting Methane Emissions Standards

On April 5, 2018, 14 U.S. states filed a lawsuit against U.S. Environmental Protection Agency alleging that the agency is “unreasonably delaying” the issuance of federal methane emissions standards. The complaint names the EPA and EPA Administrator Scott Pruitt as the defendants. New York State is taking the lead in this challenge; other states joining the lawsuit include California, Connecticut, Maine, Maryland, Oregon, Pennsylvania, Rhode Island, Washington, Massachusetts, Pennsylvania, Vermont, Illinois, Iowa, and New Mexico. The District of Columbia and
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Superfund Alert: The Latest Proposed Changes to CERCLA

On February 12, 2018, President Trump’s Administration published its Infrastructure Plan (Plan) aimed at fixing America’s infrastructure. Within the Plan are several proposed changes to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (also known as Superfund). The first proposed change is to expand funding eligibility for revitalization projects under CERCLA. Currently, CERCLA Sections 101(39)(B) and 101(41)(C) only authorize grants or revolving loans for brownfields — properties that contain hazardous substances, pollutants, or contaminants that complicate expansion, redevelopment,
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Can Groundwater Be Regulated Under the Clean Water Act?

Recently, we reported on the EPA’s decision to postpone the Clean Water Rule, a controversial rule pertaining to what bodies of water are protected under the Clean Water Act (CWA). While the CWA states that it regulates discharge from point sources into surface waters, what constitutes “surface waters” has continued to be an open and debated question, one that appears to have created a Circuit Court split that the U.S. Supreme Court may need to resolve. Specifically, on February 1,
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Not in My Backyard: Coastal States Seek Exemptions to Offshore Drilling

On January 4, 2018, the Department of Interior’s Bureau of Ocean Energy Management announced the 2019-2024 Outer Continental Shelf Oil and Gas Leasing Program, a plan to open nearly all U.S. coastal waters to oil and gas exploration and drilling. The program would lease the coastal areas along the Atlantic and Pacific Oceans and several regions of the Arctic Ocean (i.e., Alaska) for oil and gas exploration and contemplates 47 leases on the outer continental shelf of US waters. Prior
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The Bar Lowered: Lower Causation Standard for Plaintiff Under California’s Polanco Redevelopment Act

The California Court of Appeals rang in the New Year for plaintiffs by handing owners, operators, transporters, and arrangers that work with hazardous materials an adverse decision on the issue of causation. In the City of Modesto v. The Dow Chemical Company (2018 WL 317043 (Cal. Ct. App., Jan. 8, 2018), the court focused on the standard of causation that a plaintiff must meet to support a finding of liability under the Polanco Redevelopment Act (Polanco Act). The court lowered
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