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Environmental Blog

  • 26
  • September
  • 2014

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New Studies Show No Link Between Hydraulic Fracturing and Groundwater Contamination

A new study published in the Proceedings of the National Academy of Sciences found no evidence that fracturing shale causes groundwater contamination. A team of researchers from Ohio State University, Duke University, and the University of Rochester analyzed hydrocarbon and noble gas isotopes in groundwater near the Marcellus and Barnett shale formations to trace the source of 133 reported cases of contamination.

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  • 09
  • May
  • 2014

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Judge Approves EPA’s Coal Ash Consent Decree, but Environmentalists Urge Stricter Water Discharge Permits

In June 2010, the Environmental Protection Agency (“EPA”) published a proposed rule to regulate coal combustion residuals (“coal ash”) under Resource Conservation and Recovery Act (“RCRA”). Coal ash refers to the material that remains after burning coal for electricity and includes fly ash, bottom ash, boiler slag, and flue gas desulfurized gypsum. 

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  • 19
  • December
  • 2013


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Could the permit shield become a fig leaf?

The Sixth Circuit Court of Appeals is currently considering a case that has the potential to narrow the scope of the Clean Water Act’s (CWA) permit shield. On October 8, 2013, the panel heard oral arguments in Sierra Club v. ICG Hazard, LLC. The case is an appeal of a ruling by the District Court for the Eastern District of Kentucky holding that the permit shield protected a CWA general permit holder from liability even though the permit did not expressly allow for the specific discharge at issue.

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  • 25
  • October
  • 2013

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EPA Accepts Eighth Circuit’s Ruling Lifting Blending Mixing Zone Prohibitions

In Iowa League of Cities v. EPA, the Iowa League of Cities (“League”) sought direct appellate review of two letters from the U.S. Environmental Protection Agency (“EPA”) relating to the Agency’s water treatment policies governing blending and mixing zones. The League challenged the policies set out in the letters both procedurally and substantively.

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Margaret E. Peloso

Margaret E. Peloso Partner

Carrick Brooke-Davidson

Carrick Brooke-Davidson Counsel

Jennifer Cornejo

Jennifer Cornejo Associate

Theresa Romanosky

Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Counsel

Jay Rothrock

Jay Rothrock Senior Associate