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The Oak Ridge Cleanup: Protecting the Public or the Polluter?
The Oak Ridge Reservation is one of the largest U.S. Department of Energy (DOE) facilities in the country, with areas that are highly contaminated by chemicals, metals, and radionuclides. DOE is in the middle of a multi-decade, multi-billion-dollar cleanup there, and a recent Superfund decision for one portion of the site raises a number of significant legal issues. This Article addresses some related questions: Should radionuclides get less stringent cleanup than other equally harmful pollutants like mercury and polychlorinated biphenyls?
Clean Water Act Rulemaking
The Ninth Circuit reversed a district court's order granting voluntary remand and vacating EPA's 2020 CWA Section 401 Certification Rule. States, environmental groups, and tribes challenged the rule, arguing it unlawfully restricted states' and tribes' ability to reject water pollution projects. Bef...
Sierra Club v. United States Army Corps of Engineers
A district court adopted a magistrate judge's recommendation to deny summary judgment for an environmental group in a lawsuit concerning the Army Corps of Engineers' issuance of a CWA §404 permit for a roadway expansion project in Florida. The group argued the Corps violated the CWA by failing to r...
Shrimpers and Fishermen of the RGV v. United States Army Corps of Engineers
The Fifth Circuit denied a petition to review a CWA permit issued by the Army Corps of Engineers authorizing development of a natural gas pipeline and export facility in south Texas. A group of shrimpers and fishermen argued the permit violated the CWA by failing to show that the approved project wa...