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Commonwealth Court of Pennsylvania Limits DEP’s Continuing-Violations Penalty Policy under the Clean Streams Law

USA - January 12 2017 In the latest development in the ongoing dispute between EQT Production Company ("EQT") and the Pennsylvania Department of Environmental Protection…

Army Corps Releases New Pennsylvania State Programmatic General Permit

USA - May 5 2016 On May 2, 2016, the Baltimore, Philadelphia, and Pittsburgh Districts of the U.S. Army Corps of Engineers (the "Corps") announced by special public…

Jonathan E. Rinde.

EPA Requests Comment on Regulating Discharges of Pollutants into Groundwater

USA - March 1 2018 On February 20, EPA requested comment on whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater may…

Jonathan E. Rinde.

Reluctant to Unbuild, Courts Rule Against Challengers of Already-Completed Energy Projects

USA - December 23 2019 The adage “you can’t put the toothpaste back in the tube” has manifested itself in two recent federal court decisions. Under separate theories, both…

Fifth Circuit Holds Past Pipeline Spills Not Dispositive in Determining Whether Operator “Considered” Pipeline Risk Factors

USA - August 15 2017 Is a leaking pipeline indicative of an operator’s failed attempt to consider all relevant risk factors when the pipeline has had leaks in the past? In…