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CLEAN WATER VS. PLASTICS PRODUCTION, A BALANCING ACT

Clean Water Act Lawsuit

Just before the 4th of July, The Center for Biological Diversity sued the Environmental Protection Agency and other federal agencies in the Ninth Circuit Court of Appeals.  The lawsuit is based upon the EPA’s approval of a Clean Water Act covering stormwater discharges for thousands of industrial facilities countrywide.

The lawsuit faults the Clean Water Act’s failure to protect the public, waterways, animals, and critical habitats from plastic and other forms of pollution discharged through industrial stormwater.  An attorney involved in the lawsuit claims the EPA simply reissued its 2015 permit and failed to consider the Center for Biological Diversity’s recommendations. The lawsuit targets stormwater discharges into U.S. waters from industrial polluters in 30 categories, including chemical, rubber and plastics, among others.

Plastic production, transportation and use in industrial facilities results in the transfer of trillions of plastic particles to the environment every year.  These particles are often spilled in outdoor areas, picked up by runoff and discharged to surface waters. Once in the environment, these plastic particles are eaten by marine animals and birds and become embedded in sediments and plants.  It is estimated that 15 million tons of microplastics have currently settled onto the ocean floor.

Stay tuned for Ninth Circuit’s rulings in this case as, according to the American Chemistry Council, the plastics and chemical industry is investing more than $200 billion in the U.S. for 349 plastics production projects.  It is ironic that 40% of new plastic production is for single use items, including water bottles designed to carry clean water.

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This article is informational only and meant to provide guidance. It is not meant to be legal advice and it does not create an attorney-client relationship. For what to do in your specific situation, please consult with a qualified Construction Law attorney.

Testimonials

Ghassemian Law provided thoroughly constructed and effective legal strategies for successful outcomes in the complex world of construction law for our small company. Core competence, due diligence, and a commitment to client needs are strengths that inspire confidence and keep producing results when it counts most.

Peter Greenberger

Pacwest Construction and Development Inc

Mahyar and her team possess a wealth of construction and business law expertise. Expertise to both guide a client away from litigation and, if not possible, to skillfully represent them in court.

Thierry Montoya

AlvaradoSmith APC

Mahyar Ghassemian and her firm are the best construction dispute litigators and negotiators in the industry. Mahyar is an expert in this area. Her firms knows the law and are very tenacious in obtaining the best results for their clients. I have been involved in very lengthy litigation as co-counsel in a very big case and jury trial. Mahyar is one of the hardest working and most effective advocates I have ever had the privilege of working with.

Paul Hoffman

Hoffman Legal Corporation

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