Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On June 20, 2017, the Chemours Company announced that it will now “capture, remove, and safely dispose of wastewater that contains the byproduct GenX,” from North Carolina’s Cape Fear River — a main supply source for the City of Wilmington’s drinking water. The announcement last week comes on the heels of reports that the EPA is …
The Dakota Access Pipeline (DAPL) is a pipeline built by Energy Transfer Partners to move oil from western North Dakota to Illinois, where it can be shipped to the Gulf Coast and points beyond. The Army Corps of Engineers approved the completion of the DAPL on February 8, 2017. The DAPL began operating June 1, …
On March 15, 2017, President Trump rescinded “executive action of new vehicle emission standards” claiming that the previous administration had set these federal fuel efficiency standards “far into the future” and then threatened auto jobs by cancelling a previously promised midterm review of the standards. Trump stated that “if the standards threatened auto jobs then …
On January 12, 2017, the EPA finalized a rule on nanomaterial reporting and record keeping under Section 8(a) of the Toxic Substances Control Act (TSCA). See 82 Fed. Reg. 3641. The rule, called Chemical Substances When Manufactured or Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping Requirements (Final Rule), was in development for years and …
Perfluorooctanoic Acid (PFOA), also known as C-8, is a synthetic man-made chemical that is both toxic and persistent in the environment. It has been used in the manufacture of commercial products like non-stick cookware, stain-resistant clothing and carpets, food wrappers, dental floss, electrical insulation, fabrics, firefighting foam, as well as many industrial products. PFOA has …
Recently, two courts scrutinized the application of the pollution exclusion in the context of the facts alleged in the underlying pleadings. The Washington Supreme Court, in the case of Xia, et al. v. ProBuilders Specialty Insurance Co. RRG, 393 P.3d 748 (2017), rendered a groundbreaking analysis of the pollution exclusion favorable to policyholders. The court, …
On June 6, 2017, the National Marine Fisheries Service (NMFS) and National Oceanic and Atmospheric Administration (NOAA) took the next step towards oil and gas drilling offshore of the east coast of the United States. The agencies filed a notice of takes of marine mammals incidental to geophysical surveys in the Atlantic Ocean and opened …
Stormwater Management: One of the biggest threats to our waterways and impediments in providing safe and clean water to our nation’s communities is stormwater runoff. With the construction of impervious materials that abound from the development of buildings, roads, and parking lots, it’s no surprise that rainwater has trouble getting absorbed into the ground. So …
The Environmental Protection Agency declared a landfill near St. Louis, Missouri containing Manhattan Project waste has not contaminated nearby homes with radioactive materials. Approximately 40 years ago, waste materials from the Manhattan Project were buried in the West Lake Landfill in Bridgeton, a St. Louis suburb. The discovery of an underground fire at the nearby …
New York City is 305 square miles and about 72 percent of that space is covered with impenetrable surfaces like rooftops, roadways, and playgrounds. So when it rains in the metropolis, the precipitation floods storm drains and sewers. With what some call an antiquated sewer system that treats about 1.3 billion gallons of city wastewater …