Environmental | Miller Nash LLP

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Environmental Groups Seek to Kill "Zombie Permits"

Apr 26, 2017

By Jeff C. Miller

Environmental, Legal Developments—Oregon, Regulation, From the Ground Up

Environmental groups recently sued the Oregon Department of Environmental Quality (“DEQ”) over its alleged failure to renew permits in a timely manner. Most permits issued by DEQ under the Clean Water Act have an initial term of five years. According...

Washington State Sets Carbon Dioxide Emission Reduction Requirements for Major Sources

Sep 15, 2016

By Jeff C. Miller

Environmental, From the Ground Up, Legal Developments—Washington

Today the Washington State Department of Ecology adopted a new rule to limit carbon dioxide emissions from major sources. Beginning in 2017, entities that emit more than 100,000 metric tons of carbon dioxide per year must reduce their emissions by 1...

Washington Supreme Court Strikes a Blow to Vested Rights

Jan 19, 2017

By LeAnne M. Bremer

Environmental, Land Use, Vested Rights, From the Ground Up, Legal Developments—Washington

In a blog post dated February 17, 2016, we wrote about a decision of the Washington Court of Appeals in Snohomish County v. Pollution Control Hearings Board favorable to developers. At issue in the case was the Washington State Department of Ecology’...

Lead in Drinking Water: What Schools Need to Know

Jun 10, 2016

Environmental, From the Ground Up

There's no doubt that some attention has been given to the water quality at Oregon schools in the past month. But the issue has been around for some time. Since the late 1980s, concerns have been raised about lead leaching from pipes and faucets into...

Smelter Not Liable Under CERCLA as an Arranger for Disposal

Jul 29, 2016

By Jeff C. Miller

Environmental, Insurance, Litigation, From the Ground Up

A Ninth Circuit panel reversed a district court’s denial of a smelter owner’s motion to dismiss, holding that the owner/operator of a facility that emits airborne hazardous substances cannot be held liable as an arranger for disposal under CERCLA. Th...

BiOp on the Oregon National Flood Insurance Program: A Case for Levee Accreditation

May 12, 2016

Environmental, Legal Developments—National, From the Ground Up

If there was ever a case to be made for levee accreditation in Oregon, it would be the biological opinion ("BiOp") that the National Marine Fisheries Services ("NMFS") issued in April 2016. The BiOp seeks to protect and conserve certain salmon and st...