Environmental Law Monitor Archives

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June 7, 2018 • Hydraulic Fracturing, Pennsylvania

Pennsylvania Supreme Court Sides With Gas Industry, But Allows For Potential Enforcement of Two New Rules

The Pennsylvania Supreme Court recently decided to preserve an injunction against the Department of Environmental Protection of Pennsylvania (DEP) that prevents the enforcement of various new rules pertaining to hydraulic fracturing operations. In the case of The Marcellus Shale Coalition v. Department of Environmental Protection, et. al., industry organization, the Marcellus Shale Coalition (MSC), had … Continued

May 31, 2018 • Water Contamination

CDC Reports Outbreaks Associated With Treated Recreational Water on the Rise: An Overview of the CDC’s MMWR

The Morbidity and Mortality Weekly Report (MMWR) is a weekly epidemiological digest for the United States published by the Centers for Disease Control and Prevention (CDC). It is considered by many practicing in the public health sector to be the primary publication for sharing public health information and recommendations that have been received by the CDC … Continued

May 31, 2018 • California, Climate Change

400 Months and Counting – Warm Temperatures Continue!

Despite the miserable cold and wet April weather experienced by most of the eastern half of North America, April 2018 turned out to be the third warmest April on record, continuing a streak of 400 continuous months (33 years) where the monthly average temperature was above the 20th century average. Only April 2016 and April … Continued

May 31, 2018 • Pennsylvania, PFOA

Bystanders Beware – No Strict Products Liability Claims for Bystanders in AFFF / PFAS Actions in Pennsylvania

Lawsuits involving water contamination have been trending over the past couple years throughout the United States. We’ve seen a shift in the plaintiff’s bar’s focus from pursuing point sources to utilizing traditional product liability theories to support allegations of contamination against manufacturer defendants when the opportunity presents itself. The blue print’s simple – pursue deep … Continued

May 23, 2018 • CERCLA

Environmental Due Diligence for Corporate Transactions: The Bona Fide Purchaser and the All Appropriate Inquiry Rule

A few months ago we posted our first blog on environmental due diligence, and as promised, we will continue to post on this important subject. This week we will focus on the popular, yet oft-mistaken, bona fide purchaser exception and the all appropriate inquiries rule (AAI rule) under CERCLA. In purchasing property, a buyer will … Continued

May 17, 2018 • Clean Air Act, Colorado, EPA

Climate Change Lawsuits Heat Up – The City of Boulder, Boulder County, and San Miguel County Join the Mix

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

May 17, 2018 • EPA, Illinois

Extra-Terrestrial? Illinois Attorney General to File Suit Over Emission Controls in Wisconsin

Illinois Attorney General Lisa Madigan has announced she plans to file a lawsuit challenging a recently issued ruling by the U.S. Environmental Protection Agency (EPA). While lawsuits involving environmental regulations between individual states and the federal government are becoming increasingly prevalent, this suit is noteworthy as it involves a manufacturing facility being built by Foxconn … Continued

May 10, 2018 • Clean Water Act, EPA, Wastewater

What Happens to Wastewater From Oil and Gas Extraction? EPA Seeks Input

The U.S. Environmental Protection Agency (EPA) has begun soliciting information for a new study that will examine how numerous entities across the U.S., including industry, stakeholders, local officials, energy providers, states, and the EPA itself, regulate and manage wastewater produced during the oil and gas extraction processes. The goal of the study is to develop … Continued

May 10, 2018 • EPA

In the Name of Transparency: EPA’s Proposed Rule to Limit Scientific Studies Raises Concern

On April 24, 2018, U.S. Environmental Protection Agency Administrator Scott Pruitt proposed a rule to impose limitations on what scientific studies may be used by the agency to promulgate regulations. Mr. Pruitt seeks to exclude from the agency’s consideration any scientific studies that contain confidential data on the grounds that the agency ought to be … Continued

May 3, 2018 • EPA, New Jersey

Up the Creek: The EPA Invites Public Comment Regarding Cleanup to NJ Superfund Site

The U.S. EPA is seeking public comment now on its proposed cleanup plan for the Berry’s Creek Study Area — a Superfund site located in Bergen County, New Jersey. Berry’s Creek Study Area includes a 6.5 mile tributary of the Hacksensack River and about 12 miles of additional wetlands and industrial properties within the watershed. … Continued