Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On Friday, August 23, 2019, Gov. Murphy signed into law an amendment to New Jersey’s 2009 Site Remediation Reform Act (SSRA)—a law that privatized many responsibilities previously handled by the New Jersey Department of Environmental Protection (NJDEP) concerning the remediation of contaminated sites. The SSRA created what is called the Licensed Site Remediation Professional (LSRP) …
Illinois has filed suit against a company that provides water to a Chicago suburb after it made changes to the chemical additives in the water supply without permission from state regulators. The suit goes on to allege that the change caused lead to contaminate the village’s drinking water. The problems started in 2017 when Aqua …
As previously addressed in the Environmental Law Monitor, lead was found in Newark, New Jersey’s water supply. The city has now attempted to assuage fears by providing water filters to residents in affected areas. According to the EPA, that isn’t enough, and the city has begun offering water bottles to concerned residents after a sample …
On June 28, 2019, the EPA released its draft risk evaluation for 1,4-Dioxane. The EPA’s initial determination was that 1,4-Dioxane poses no unreasonable risks to the environment and no unreasonable risks to occupational non-users. However, the EPA also concluded that the chemical presents unreasonable risks to workers in certain circumstances. The same day, the California Department of Toxic …
Last week, the United States Environmental Protection Agency (EPA) issued controversial draft risk evaluations for 1,4-Dioxane and Cyclic Aliphatic Bromide Cluster (HBCD), two of 10 chemicals subject to scrutiny under the Toxic Substances Control Act (TSCA). Under the Frank Lautenberg Chemical Safety for the 21st Century Act which amended the TSCA in 2016, the EPA …
Last week, a federal district judge in Texas remanded the Obama-era Waters of the United States rule to the EPA and U.S. Army Corps of Engineers (US ACE), citing the agencies’ failure to use proper procedure when publishing the rule. The 2015 rule, generally referred to as WOTUS, allowed for a drastic increase to the reach of the …
Just this week, the New York Public Interest Research Group released a report that analyzes an array of public federal data pertaining to unregulated emerging contaminants and their prevalence in New York State. The report is noteworthy for its study of more than 20 different emerging contaminants impacting the state. The report, titled “What’s in …
Earlier this month, California state officials announced plans to ban chlorpyrifos, a widely used farm pesticide on crops such as oranges, grapes, and almonds. Chlorpyrifos is still approved for those uses by the EPA. The current EPA administration has been defending the chemical against court challenges after the Obama administration took steps to prohibit its …
While covenants not to sue purport to provide some security to settling parties, in CERCLA actions, reopener provisions, which the EPA includes in most consent decrees, allow for future liability for unforeseen and unknown conditions that arise following completion of the remedial actions. As a result of these reopener provisions, which became required in all but a few limited circumstances after the 1986 CERCLA amendments, parties that settle CERCLA claims live with the …
On April 10, 2019, the Trump administration published Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” which directs the EPA Administrator to, “consult with states, tribes, and relevant executive departments and agencies in reviewing section 401 of the Clean Water Act and EPA’s related regulations and guidance to determine whether any provisions thereof should …