Posts from May 2020.

Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters.  In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are confident that the statute Congress enacted excludes some waters, and groundwaters are a logical candidate.”  In a more recent case involving seeps from unlined coal ash pits at a retired coal-fired power plant, which allegedly migrated through ...


On March 25, 2020, the United States Environmental Protection Agency (“USEPA”) published on its website a draft memorandum entitled “Interpretation of ‘Begin Actual Construction’ Under the New Source Review Preconstruction Permitting Regulations” (“draft memorandum”). The draft memorandum announces that USEPA is adopting a revised interpretation of “begin actual construction” that will allow a source owner or operator to undertake significantly more physical on-site activities prior to obtaining a construction permit than previously allowed ...


An Unexpected Adversary and Risk in Notice Decisions?

You expect consumer complaints and even class action threats in the wake of a law firm data breach. But does a defense law firm expect to be sued by the carrier for the clients it represents? Whether surprising or not, it is happening and law firms must take note. In today’s world there are sometimes tensions between the interests of insurance companies and the law firms engaged to represent the ultimate client—the insureds. Now, it appears that law firms’ decisions following information security incidents have advanced up ...

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Kerri Forsythe

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