Maine Department of Environmental Protection’s Post

50 Years of MoDNR: In 1986, the Water Well Drillers Act and the rules for enforcement were enacted to establish well construction standards aimed to protecting Missouri's groundwater. Learn more at https://ow.ly/OAXj50Si8A1. #MoDNR50

So this judgement took us by surprise. But should we have been surprised? When the Marcic judgment was published in 2004 it reaffirmed the view of the courts in a number of cases notably a 1950's case, Smeaton v Ilford concerning nuisance from sewer flooding. It added a modern dimension to the law, but essentially the law was unchanged. When we expected a similar result in this case we had not taken into account another notable 1950's case, the Pride of Derby and Derbyshire Angler's Association vs British Celanese and others. It appears that insofar as nuisance the Supreme Court took this judgement and similarly updated it. So what is the difference between these two old cases? Well the key difference then and now is that in the Smeaton vs Ilford case there was no deliberate discharge, the system had not been designed to discharge - it was flooding from the system. In the Pride of Derby Case the discharges were through pipes that formed part of the original design, even if at the time of construction their operation should not have caused a nuisance. The Supreme Court upheld this distinction and in modernising it upheld that United Utilities' Water Industry Act defence did not apply. Of course the Canal company still has to show that a nuisance or trespass has occurred and even then United Utilities may also have some alternative defence. That is for the hearing which I assume will now take place in the lower court.

Wanting to keep track of upcoming RMA reform? A very helpful fact sheet presentation at the link below.

Between July 1 and Dec. 31, 2023, PA SHPO inked more than 10 Section 106 agreement documents with five different federal agencies as part of consultation for the resolution of adverse effects to historic properties. Here's a selection of the documents executed within the past six months. #PreservationHappensHere

Susan Maxwell and Claudia Russell recently presented on developments from the 88th Legislative Session related to Texas water supply and demand issues. https://bit.ly/3UlmDRV #waterlaw #adminlaw #TexasLawFirm #groundwater #surfacewater #TexasWater

The DRBC thanks everyone who participated in yesterday's 2Q Public Hearing. Five draft resolutions & 34 draft dockets were heard; written comments will be accepted until Monday, May 13, 2024, at 5 p.m. Visit https://lnkd.in/eR8sRJt for the draft items and instructions on how to comment. #DRBC #publicparticipation #delawarebasin #watermanagement #waterresources

Allen Boone Humphries Robinson LLP partner Trey Lary authored a chapter titled “Water Districts” in the State Bar of Texas book Essentials of Texas Water Resources, 2024 Edition. Trey’s chapter focuses on the constitutional basis for water districts, the general powers and duties applicable to them by statute, and the creation process and powers of the most common types of water districts. Learn more about Trey’s representation of special districts here: https://lnkd.in/gpnGvRPq #ABHR #WaterLaw 

Partner Gurpreet Sanghera was interviewed by the Evening Standard about her personal and professional experience of dangerous cladding amidst increasing calls for legislative reform in light of the publication of the final Grenfell report. Follow the link below to read Gurpreet’s interview in full. #CladdingCrisis #DangerousCladding #PropertyDisputes #GrenfellReport

📢 Your voice matters! URGENT ACTION: Federal Proposed Rule Threatening QBS Join the National Society of Professional Engineers (NSPE) in opposing the Federal Highway Administration's proposed rule on Procurement, Management, and Administration of Engineering and Design Related Services. This rule jeopardizes the integrity of qualification-based selection (QBS) in engineering - a vital component of public safety and community resilience. By sharing your perspective as a professional engineer through a public comment before April 1st, you can help ensure that engineering services continue to be carried out by the most qualified professionals to protect the well-being of the public. We've made it easy for you to take action with our customizable, pre-drafted letter. Sign the embedded letter and make your voice heard to regulators today. #PENC #NSPE #QBS #YourVoiceMatters #Engineers #publicsafetymatters

Do you know how ASPE members can affect the model building codes and related state/local legislation? In the latest article in our "ASPE Committees A to Z" series, Legislative Committee Chair William A. Grayzar, CPD, GPD, FASPE, explains how ASPE is involved in the code-writing and adoption process. Read it now ➡ https://lnkd.in/gNgggWdN #aspe #buildingcodes #plumbingengineering #plumbingdesign #plumbingcodes #plumbingengineers #plumbingdesigners