Your Guide to Emerging Issues in Environmental Regulation and Litigation.
In 1990, Congress passed the Oil Pollution Act, also known as the OPA. The act was in response to the Exxon Valdez oil spill in 1989, and it amended the Clean Water Act of 1972. Its purpose was to avoid oil spills from vessels and facilities, and it works by enforcing removal of spilled oil and …
Over the last seven days, there have been news reports that major companies embroiled in PFAS litigation — particularly the Aqueous Film Forming Foam (AFFF) MDL in federal court, South Carolina — reached, or are on the cusp of reaching, agreements with plaintiffs to resolve hundreds (and potentially thousands) of disputes concerning PFAS contamination of …
Key Takeaways Dupont, Chemours and Corteva chemical companies have reached a deal with water companies nationwide worth more than $1.1 billion. The agreement aims to settle drinking-water claims related to per- and polyfluoroalkyl substances. Further details expected in coming days. Chemical companies DuPont, Chemours, and Corteva have struck a deal worth more than $1.1 billion …
The U.S. Supreme Court’s recent decision in Sackett v. Environmental Protection Agency continues its trend of limiting executive agencies, such as EPA, from expanding their authority when faced with statutory ambiguity — ambiguity such agencies have used to extend their reach to places and activities over which Congress has not given them express jurisdiction. Sackett …
In 2007, Massachusetts sued the United States Environmental Protection Agency because the state’s government, joining a collection of private organizations, did not think EPA was doing enough under the Clean Air Act (CAA) to regulate emissions of greenhouse gasses. The EPA rejected the petition, claiming in substance that the CAA’s ambit of “air pollution agents” …
Right on the heels of Earth Day, President Joe Biden signed Executive Order 14096, titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (full text of the Order can be found in the Federal Register, accessible here). This “whole of government” EO will affect how the federal government oversees permitting and funding for industry …
A 2022 Interagency Sea Level Rise Technical Report, authored by various governmental agencies, found that global mean sea levels could rise between one and seven feet by 2100. This would me significant impacts to the more than 40 percent of Americans who live near coastal waters. Coastal flooding can have major impacts to infrastructure, such …
The Environmental Protection Agency’s and Army Corps of Engineers’ “Revised Definition of ‘Waters of the United States’” (WOTUS) rule became final on March 20, 2023. However, the rule is facing challenges from nearly every conceivable angle. Implementation of the rule has already been halted in 24 states, the rule is facing disruption by the U.S. …
Earlier this month, a team of researchers out of the UK, Canada, and New Zealand published a first-of-its-kind study in the peer-reviewed Journal of Hazardous Material Advances, examining the microplastics pollution potential for plastic recycling facilities. The study found that the recycling process, even with plastic pollution mitigation and high removal efficiencies, might potentially discharge …
Since 2017, a number of state government entities from cities, counties, and states across the country have gone after fossil fuel companies in court charging them with violating state law by marketing their products as not harmful. These 11 cases have collectively been dubbed the “climate liability cases” or “climate deception cases.” Just a few …