Yesterday, Judge Coughenour denied BNSF’s motion to dismiss the lawsuit filed by various environmental groups under the Clean Water Act that alleges that BNSF has been discharging coal from rail cars without an NPDES permit. He did so without oral argument, finding that the 60 day notice letter sent by the plaintiffs to BNSF and
Environmental Protection Agency
EPA’s Initiation of a Clean Water Act Section 404(c) Review for the Mining of the Pebble Deposit: What is the History of EPA’s Other 404(c) Determinations?
Last Friday, EPA announced that it is initiating review of the proposed mining of the Pebble deposit in Alaska under Section 404(c) of the Clean Water Act, a little-used part of the CWA that allows EPA to “veto” Section 404 permits issued by the Army Corps of Engineers. As we briefly discussed over on Graham…
Breaking: Puget Soundkeeper Moves for Summary Judgment in Suit Against EPA Alleging Failure to Promulgate Water Quality Standards for Toxics in Washington
This week saw two important developments in the lawsuit brought by Puget Soundkeeper and other environmental organizations against EPA Region 10 seeking to force EPA to promulgate new water quality standards for Washington that account for higher fish consumption rates:
The first is that the court, not surprisingly, granted Ecology’s motion to intervene earlier this…
The Latest on Fish Consumption Rates and Water Quality Criteria: AWB’s Study on Impacts to Utility Rates and the Futility of Achieving Contemplated Water Quality Criteria for Toxics
The issue of fish consumption rates is something Washington has been wrestling with for years, but is an issue that has received mainstream media coverage only in the past year or so. I think it still is an issue that seems largely esoteric to many–frankly, it is a complex issue from a science, policy, and…