Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Environmental remediation work is about to pick up steam in Florida. In his first major policy act, recently inaugurated Florida Governor Ron DeSantis issued a broad executive order last Thursday aimed at tackling numerous water and environmental issues confronting the state. DeSantis, who was inaugurated on January 8, took office facing a number of environmental crises, including unprecedented levels of … Continued
It’s worth noting that certain everyday products that U.S. consumers encounter frequently may still be treated with PFAS. That’s the focus of a recent study. The study, conducted by Safer Chemicals Healthy Families and Toxic-Free Future, screened various retailer’s food-contact materials (i.e., take-out containers, bakery or deli paper, single-use plates) for the presence of suspected … Continued
A multistate coalition of Attorneys General, including California, Illinois, Maryland, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, and Vermont; and the California Air Resources Board, joined to file comments demanding that the U.S. Environmental Protection Agency (EPA) withdraw its proposed rule delaying by four years implementation of a regulation that would reduce emissions from … Continued
This week we continue our reporting on the state by state regulatory patch work involving per- and polyfluoroalkyl substances (PFAS). On Wednesday, January 2, 2019, officials in New Hampshire announced a set of proposed drinking water rules outlining Maximum Contaminant Levels (MCLs) and Ambient Groundwater Quality Standards (AGQSS) for four PFAS compounds. The new rules … Continued
Last week of 2018, during the partial government shutdown and holiday lull, many may have missed a significant development in the environmental law arena – a proposal by the EPA to rollback an Obama-era regulation to reduce mercury pollution from the nation’s coal-fired power plants. The 2011 rule, called the Mercury and Air Toxics Standards(MATS), was promulgated by the prior administration and intended to address the negative effects … Continued
The Pennsylvania Supreme Court has issued an opinion providing guidance to the natural gas industry regarding the application of “impact fees” associated with hydraulic fracturing. In Snyder Brothers, Inc., v. Pennsylvania Public Utility Commission, et. al., the court decided that natural gas drillers whose production from wells exceeds 90,000 cubic feet per day, for even one month of the year, will be required to pay impact … Continued
The Fourth U.S. Circuit Court of Appeals sided with environmental groups this week, ruling that the U.S. Forest Service violated federal environmental laws by granting permission for the construction of the Atlantic Coastal Pipeline. This 600 mile natural gas pipeline would cut through the mid-Atlantic United States, from West Virginia to North Caroline, and would … Continued
The 2015 Clean Water Rule, also known as the Waters of the United States (WOTUS) rule, suffered another blow last week as the Environmental Protection Agency and the US Army Corps of Engineers released a new proposed definition of covered waters to replace the Obama administration’s controversial regulation, and opened a 60 day period for … Continued
As an emerging issue touching most corners of the country, our firm’s lawyers report on everything PFAS. Although New York and New Jersey — the latter being one of the leaders on PFAS action — are popular subjects, we come to you today with an update from their neighbor: the great Commonwealth of Pennsylvania. A … Continued
In PPG Industries, Inc. v. United States of America, et al., the District Court in New Jersey recently found in favor of the government in a CERCLA contribution action. PPG Industries, Inc. (plaintiff) sued the United States, the Department of Defense, and the Department of Commerce (defendants) for (1) cost recovery and contribution under CERCLA … Continued