Environmental Law Monitor

LATEST INSIGHTS

October 11, 2018 • CERCLA, Environmental Law Monitor, EPA

Squaring the CERCLA: Federal Court in DC Weighs in on Interplay Between Action for Response Costs and Action for Contribution

One of the many pitfalls in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) compliance is navigating the interplay between cost recovery actions under CERCLA § 107(a) and contribution actions under CERCLA § 113(f). In general, parties who incur costs to respond to environmental contamination gain a cause of action under § 107(a) against other …

October 4, 2018 • Environmental Law Monitor, Fracking, Hydraulic Fracturing, Pennsylvania

Hydraulic Fracturing Update: PA Appellate Court Permits Enforcement of $1 Million Dollar Penalty Upon Fracking Operator

Recently, a Pennsylvania Appellate Court decided to permit the enforcement of a monetary penalty levied upon a driller, totaling over $1.1 million, stemming from the delay of maintenance to leaks in a damaged liner of an impoundment used to contain wastewater from hydraulic fracturing operations. In EQT Production Company v. Department of Environmental Protection, Docket # …

October 4, 2018 • Emissions, Environmental Law Monitor, New York

Nuclear NY: “ZEC” Subsidies Permitted by Second Circuit

On September 27, 2018, the Second Circuit Court of Appeals upheld the District Court’s ruling in Coalition for Competitive Elec., et al. v. Zibelman, et al., and determined that New York State’s ZEC program is neither field nor conflict preempted. No. 17-2654, 2018 WL 4622696 (2nd Cir. Sept. 27, 2018). Moreover, the court found that …

October 4, 2018 • Environmental Law Monitor, EPA, Missouri

The Art of the Deal? New EPA Administrator shaves $30 million from clean-up costs for nuclear waste near underground landfill fire in suburban St. Louis.

The U.S. Environmental Protection Agency has announced its final plan for the West Lake Landfill in suburban St. Louis. As we’ve previously reported, West Lake Landfill is the site of illegally dumped nuclear waste that is buried near a long-smoldering underground fire. Approximately a decade ago, the EPA announced a cap-and-monitor proposal for the site. …

October 2, 2018 • Environmental Law Monitor, General

WEBINAR: Unregulated (Mostly), Uncertain, and Ubiquitous-PFAS and the Highly Anticipated ATSDR Report

Join Goldberg Segalla’s George H. Buermann and Oliver E. Twaddell for a complimentary, live, and interactive webinar on PFAS substances and how companies, insurers, and counsel should prepare themselves for what might be the next mass tort. George and Oliver will present on the most recent — and perhaps most significant — indicator of these …

September 27, 2018 • Clean Air Act, Environmental Law Monitor

Splitting from Other Circuits, Sixth Circuit Limits the Scope of the Clean Water Act

This week, the Sixth Circuit diverged from the Fourth and Ninth Circuits by limiting the scope of the Clean Water Act (CWA) as it relates to groundwater. The court held that the CWA cannot regulate pollutants from point sources if they reach navigable waters through groundwater. This decision is a clear split from the Fourth …

September 27, 2018 • Clean Power Plan, Emissions, Environmental Law Monitor, Legislation

Sub-National Efforts to Tackle Greenhouse Gas Emissions Take up the Slack

Given the Trump Administration’s position on climate change, one could easily become discouraged that any meaningful progress can be made in reaching the Nationally Determined Contribution (NDC) set for the United States under the 2015 Paris Agreement to stabilize greenhouse gas (GHG) emissions and to keep anthropogenic warming to below 2°C. Under the Paris Agreement, the United States is tasked with reducing its GHG emissions by 26-28 percent below its 2005 …

September 20, 2018 • Agriculture, Coal Ash, Emerging Issues, Environmental Law Monitor, Wastewater

Long-Term Environmental Impact of Hurricane Florence Yet to be Seen

As of press time, Hurricane Florence has claimed nearly 40 lives and caused extensive destruction in the hardest-hit areas of North Carolina, South Carolina, and Virginia. Environmental analysts will have their work cut out for them as they attempt to measure the environmental impact of the storm. At present, we have detected three current areas of primary environmental …

September 20, 2018 • Clean Water Act, Environmental Law Monitor, EPA

Battles Over Suspension of the Clean Water Rule Leave 23 States Under its Guidance

In the last year, we’ve reported several times on the implementation and interpretation of the Clean Water Rule. The 2015 Clean Water Rule, or Waters of the United States (WOTUS) rule, attempted to more clearly define which bodies of water fall under United States federal jurisdiction and are covered under the 1972 Clean Water Act (CWA). It expanded …

September 13, 2018 • Due Diligence, Emerging Issues, Environmental Law Monitor, Legislation, New Jersey, New York

Environmental Due Diligence: What’s The Latest On Federal Environmental Review?

Just a few days ago, the U.S. House of Representatives’ Judiciary Committee — in a tight split — voted to support a bill that seeks to target the slow pace of the permitting process for infrastructure and development projects that require review by federal agencies. The bill, named the “Permitting Litigation Efficiency Act,” is expected …