Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The United States Federal Energy Regulation Commission (FERC) has issued an order holding that the New York Department of Environmental Conservation (DEC) waived its authority under the Clean Water Act to issue or deny a water quality certification for the proposed Constitution Natural Gas Pipeline because DEC failed to act in a timely manner. Entities …
Water scarcity is a growing concern for the EPA, as discussed in depth in its National Water Reuse Action Plan issued this week. The plan outlines ways that the EPA can work with state and local governments to promote water reuse and support research into new technologies. Due to various pressures, 80 percent of U.S. …
The EPA recently updated its vintage standard guidance on CERCLA’s landowner defenses. This was the first update since 2003. The update was explained as an effort to provide clarity. Historically, under CERCLA, the owner or operator of a contaminated property could be held strictly, jointly, severally and even retroactively liable for releases of hazardous substances. …
Florida’s Third District Court of Appeal recently struck down a 2016 Coral Gables’ law that prohibited the sale and use of food-related polystyrene containers (i.e., Styrofoam) by food service providers and stores. This decision reverses a trial court decision granting a motion for summary judgment in favor of the city and finding that the three …
New York continues to strengthen its regulatory approach to 1,4-dioxane. Last month, the state Department of Health adopted the nation’s first maximum contaminant level (MCL) for 1,4-dioxane in drinking water, The regulation is working its way toward implementation and is now in the public comment period. Following assessment of public comments, the proposed regulation will either be …
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 …
If you’ve been following PFAS-related news you’ll know that Michigan has been one of the hardest hit states when it comes to this emerging contaminant. The state is one of a handful in the nation to take the lead in attempting to set some of the nation’s toughest drinking water limits for per- and polyfluoroalkyl substances …
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 …
As hydraulic fracturing continues to be a hot topic among Pennsylvania’s Appellate Courts, the Commonwealth Court (PA’s intermediary appellate division), recently released an opinion addressing a multitude of state-level regulations concerning oil and gas operations, helping to define the rules by which drillers must abide within the state. At issue in Marcellus Shale Coalition v. …