Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Last week, a San Francisco judge issued a tentative ruling on the defendant Monsanto Company’s Motion for Judgment Notwithstanding the Verdict, and their Motion for a New Trial. This ruling threatens to gut the $289 million dollar verdict ($39M compensatory and $250M punitives) that the plaintiff Dewayne Johnson secured this summer over the company that manufactures … Continued
One of the many pitfalls in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) compliance is navigating the interplay between cost recovery actions under CERCLA § 107(a) and contribution actions under CERCLA § 113(f). In general, parties who incur costs to respond to environmental contamination gain a cause of action under § 107(a) against other … Continued
The U.S. Environmental Protection Agency has announced its final plan for the West Lake Landfill in suburban St. Louis. As we’ve previously reported, West Lake Landfill is the site of illegally dumped nuclear waste that is buried near a long-smoldering underground fire. Approximately a decade ago, the EPA announced a cap-and-monitor proposal for the site. … Continued
In the last year, we’ve reported several times on the implementation and interpretation of the Clean Water Rule. The 2015 Clean Water Rule, or Waters of the United States (WOTUS) rule, attempted to more clearly define which bodies of water fall under United States federal jurisdiction and are covered under the 1972 Clean Water Act (CWA). It expanded … Continued
In 2007, the Oregon legislature instituted a program designed to reduce the state’s greenhouse emissions to at least 10 percent lower than 2010 levels by 2025. The Oregon Clean Fuels Program uses a cap-and-trade scheme that attributes a carbon intensity value to transportation fuels produced or imported into Oregon. Regulated parties must keep the average carbon intensity of all … Continued
The U.S. Environmental Protection Agency (EPA) has determined that a suburban area in Willowbrook, Illinois is facing a risk of cancer over nine times the national average due to contamination by ethylene oxide. Ethylene oxide has been used for decades as fumigant to sterilize heat-sensitive medical equipment and other goods. The volatile, easily absorbed chemical … Continued
On August 9, 2018, the Ninth Circuit ordered that the EPA ban a widely used pesticide called chlorpyrifos within 60 days. The court found that EPA had failed to determine that chlorpyrifos was safe. The decision marked the end – albeit perhaps only temporarily – to a decade-long battle between the pesticide and agriculture industry … Continued
The Environmental Protection Agency has increased the total amount of ethanol and biodiesel that must be used in 2019 to 19.88 billion gallons under the Proposed Renewable Fuel Standard for 2019, a 3 percent increase over 2018 levels. Fifteen billion gallons of the blended gasoline will be traditional ethanol, made from crops like corn and … Continued
Every week there’s more news surrounding the mystifying nature of PFAS chemicals. Our firm recently published a well-received article that explored the state of PFAS and what the horizon holds for regulation and litigation. And this week we have more news on the PFAS front. We should buckle-up because it’s only going to heat-up from … Continued
On April 17, 2018, the City of Boulder, Boulder County, and San Miguel County, all in Colorado, collectively became the latest government entities to file suit against some of the world’s largest oil and gas companies, seeking compensation for the costs of adapting to climate change in their communities. Non-coastal suits arrive: The Colorado … Continued