Articles

Harrell & Dodane: Final ACE rule trumps CPP, lets states set standards

On June 19, United States Environmental Protection Agency administrator Andrew Wheeler signed the final version of the Affordable Clean Energy rule that was initially proposed on Aug. 21, 2018. The ACE final rule repeals and replaces the Obama administration’s Clean Power Plan, which attempted to impose first-ever carbon dioxide emission standards on existing fossil fuel power plants.

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McGimpsey: Digital water pivots utilities from reactive to proactive

Data has transformed how every industry does business, including utilities. The term “digital water” is a hot topic right now as more water and wastewater utilities look to improve operations and communications with customers. While it can be challenging for utilities to take steps toward implementing digital water technologies, those that do could see significant benefits across multiple departments.

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In contamination case, 7th Circuit cleans up messy preclusion fight

Even though none of the businesses disagreed over who contaminated a manufacturing site, the question of who should pay for the cleanup became a fight over claim preclusion that ended with the 7th Circuit Court of Appeals offering instructions on how the lawsuit should have been defended.

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Reversal: USDA farm wetlands ruling arbitrary and capricious

A Hancock County farm family denied U.S. Department of Agriculture benefits since the removal of nine trees from their farm in the 1990s prevailed in litigation against the agency. The 7th Circuit Court of Appeals entered judgment for the family, finding USDA’s rulings in the case arbitrary and capricious.

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