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San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District
The Ninth Circuit, 2-1, reversed summary judgment for the Bureau of Reclamation and Santa Maria Water District in a lawsuit concerning the endangered Southern California steelhead. Environmental groups argued the agencies' operation of a dam in the Santa Maria River watershed interfered with the ste...
Achieving “Some” Upfront Certainty and Resolve in Superfund Settlements
Superfund practitioners are waiting to see whether the U.S. Environmental Protection Agency (EPA) will designate perfluorooctanoic acid and perfluorooctane sulfonate, two chemicals in the per- and polyfluoroalkyl substances (PFAS) group, as CERCLA hazardous substances. Such a designation may lead to selected remedies being modified and further work being required at Superfund sites where remedies were believed to be complete. This Article explores potential future liability by reviewing provisions of the 2021 Remedial Design/Remedial Action (RD/RA) Model Consent Decree.