Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Landfills and man-made ponds have been used for decades as dumping grounds for coal ash, which is the byproduct waste left over from burning coal in coal-fired power plants; it is one of the most prolific types of industrial waste generated in the United States. After all, coal is the biggest source of electricity production …
Scott Pruitt, the Administrator of the Environmental Protection Agency (EPA), recently discussed a broad range of issues in an interview with Bloomberg TV. Chief among those, Pruitt stated that the EPA is opposed to setting stricter fuel economy standards beyond 2025 and has questioned whether individual states should be able to enact their own tougher …
In the latest on per- and polyfluoroalkyl Substances (PFAS), earliest this week, the EPA sent a letter to the governors of 56 states and territories announcing its plan to host a National Leadership Summit on PFAS in Washington, D.C. on May 22 and 23. Stakeholders from across the country are invited to participate in identifying …
On February 12, 2018, President Trump’s Administration published its Infrastructure Plan (Plan) aimed at fixing America’s infrastructure. Within the Plan are several proposed changes to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (also known as Superfund). The first proposed change is to expand funding eligibility for revitalization projects under CERCLA. Currently, CERCLA …
In June 2017, the Pennsylvania Supreme Court issued its decision in PA Environmental Defense Foundation v. Commonwealth of Pennsylvania, et. al, (PEDF) establishing a broad interpretation of PA’s Environmental Rights Amendment (ERA), which is found in the Commonwealth’s Constitution. Some folks in PA might not know this, but it’s one of only a few states …
An interesting battle currently is playing out in the California courts involving what can be considered a “second generation” of climate change suits that seek to hold producers of greenhouse gases responsible for the costs that government entities are forced to expend in adapting to climate change. In July 2017, three California government entities — …
SoCal surfer dudes were in for a surprise when a serious funk rolled in with the tides in Imperial Beach and Chula Vista, California. A new lawsuit has been filed against the International Boundary & Water Commission – United States Section (IBWC or the Commission) and Veolia Water North America West for repeatedly failing to …
On February 20, 2018, a federal court in New York expanded the universe of plaintiffs who can sue for PFOA contamination in that state. The court ruled that plaintiffs could seek purely economic damages in negligence claims based on PFOA contamination, so long as the plaintiff’s business is located within the “zone of contamination.” As …
New problems often necessitate new solutions. In the world of toxic torts and environmental liability, advances in remediation techniques are constantly being developed to alleviate the sometimes unavoidable, questionable, and/or nascent effects of innovation, manufacturing, and commerce. One emerging contaminant causing a stir is 1,4-dioxane — a flammable liquid with a variety of industrial applications, …
In the early 1970s, a contractor for a uranium producer illegally dumped about 8,700 tons of uranium-processing waste at the West Lake Landfill in suburban St. Louis, Missouri. Originally placed on the Superfund National Priorities List in 1990, the landfill is regarded as one of the most complex Superfund sites because it sits next to …