ENVIRONMENTAL LEGAL BLOGS

"Thousands of pounds of human waste, close to 14,000 hypodermic needles cleaned out from Santa Ana River homeless encampments".
"Orange County Public Works released eye-popping figures Thursday, March 8, on the total amount of debris, needles and hazardous waste removed when crews cleaned up the area along the Santa Ana River Trail once populated by the encampments of homeless people."

https://www.ocregister.com/2018/03/08/thousands-of-pounds-of-human-waste-close-to-14000-hypodermic-needles-cleaned-out-from-santa-ana-river-homeless-encampments/

FEDERAL COURT REFUSES REMAND OF CLIMATE-CHANGE LITIGATION

People of State of California v. BP p.l.c.--Oakland and San Francisco brought claims against fossil-fuel producers re climate change; defendants removed the case to federal court and Oakland and San Francisco asked for a remind to state court. The federal court denied the request, stating among other things,"Plaintiffs’ claims for public nuisance, though pled as state-law claims, depend on a global complex of geophysical cause and effect involving all nations of the planet (and the oceans and atmosphere). It necessarily involves the relationships between the United States and all other nations. It demands to be governed by as universal a rule of apportioning responsibility as is available.”

https://docs.justia.com/cases/federal/district-courts/california/candce/3:2017cv06011/318403/134

The federal Clean Water Act has jurisdiction over discharges to the surface waters of the United States but not over discharges to the ground waters in each State. EPA is now considering whether to adopt the position that pollution discharged in to ground water but which ultimately transits to navigable waters is within CWA jurisdiction. One Court (Hawaii Wildlife Fund et al v. County of Mali), http://cdn.ca9.uscourts.gov/datastore/opinions/2018/02/01/15-17447.pdf , has ruled that CWA jurisdiction does exist under such circumstance. Ultimately the issue seems destined for the US Supreme Court.

If you want to comment to EPA on this issue, go to https://www.federalregister.gov/documents/2018/02/20/2018-03407/clean-water-act-coverage-of-discharges-of-pollutants-via-a-direct-hydrologic-connection-to-surface for directions; all comments must be in on or before May 21, 2018.