New MOU to Provide for Streamlined Review Of Wind Energy Projects In Great Lakes

By Steven M. Siros, Partner, Jenner & Block On March 30, 2012, the White House announced that it had entered into a Memorandum of Understanding ("MOU") with five states (Illinois, Michigan, Minnesota, New York and Pennsylvania) that is intended to streamline environmental and other reviews...

Jenner & Block: EPA Issues New NEPA Mapping Tool

By E. Lynn Grayson, Partner, Jenner & Block EPA has issued a new online mapping tool, NEPAssist, to assist federal agencies in evaluating possible NEPA environmental review obligations. NEPAssist is one of five pilot projects selected by the White House Council on Environmental Quality to advance...

Jenner & Block: Corporate Purchaser Not Liable to the Government for CERCLA Liability; Former Operator Must Begin Cleanup

By Gabrielle Sigel, Partner, Jenner & Block In long-running litigation regarding one of the costliest Superfund cleanups in the country, the U.S. District Court for the Eastern District of Wisconsin reversed a decision it reached just 5 months earlier and found that Appleton Papers Inc. ("API"...

Jenner & Block: U.S. Court of Appeals Mandates Decision on Act of War Defense to WTC CERCLA Claims

By Gabrielle Sigel, Partner, Jenner & Block The U.S. Court of Appeals for the Second Circuit has issued a mandate to the U.S. District Court for the Southern District of New York, requiring the lower court to determine whether contamination from the collapse of the World Trade Center buildings...

Jenner & Block: New Textbook Update Addresses Bee Colony Collapse Disorder

By Robert L. Graham , Partner, Jenner & Block LLP Bob Graham co-authored a leading environmental law textbook in use at many U.S. law schools titled Environmental Law and Policy: Nature, Law and Society . The Fourth Edition of this textbook was launched in 2010 and includes two Teacher's...

Jenner & Block: New Water Scarcity Mapping Tool

By E. Lynn Grayson, Partner, Jenner & Block The World Resources Institute recently released its Aqueduct Water Risk Atlas (Atlas) to help companies identify water-related risks. The Atlas is a tool that provides geographical and sector-specific water risk context for companies. The Atlas is intended...

FDA Announces Ban on BPA in Bottles and Sippy Cups

By Katherine M. Rahill, Partner, Jenner & Block On July 17, 2012, the U.S. Food and Drug Administration ("FDA") issued a final rule amending its food additive regulations to ban the use of polycarbonate resins in baby bottles and sippy cups. Bisphenol A ("BPA") is a key component...

Another U.S. Supreme Court Water Challenge Case

By E. Lynn Grayson, Partner, Jenner & Block The Colorado River Water transfer pacts are at issue again in a new petition for review recently filed. In Cuatro Del Mar v. Imperial Irrigation District , U.S., No. 12-53, 7/11/12, Cuatro Del Mar, a citrus and palm tree grower, accused the Imperial...

Jenner & Block: New EPCRA Tier I and Tier II Updates

By E. Lynn Grayson, Partner, Jenner & Block EPA has proposed changes to EPCRA Section 312 Tier I and Tier II Emergency and Hazardous Chemical Inventory Forms required under 40 CFR Part 370. The new rules become effective January 1, 2014. The reporting requirements under the community right...

Jenner & Block: You Are Drinking What? Reuse Of Municipal Wastewater

By E. Lynn Grayson, Partner, Jenner & Block The Wall Street Journal has reported that about 60% of the U.S. is now living through drought conditions and half of all counties have been declared disaster areas. Drastic situations call for drastic measures BUT drinking our own wastewater? The...

Jenner & Block: Environmental Contractor Unable to Ditch CERCLA Claims

By Steven M. Siros, Partner, Jenner & Block On September 4, 2012, a federal judge in New Jersey denied Arcadis U.S. Inc.'s ("Arcadis") request for summary judgment in a CERCLA lawsuit relating to the disposal of contaminated concrete from a demolished Ford Motor Company assembly...

Jenner & Block: New Litigation Filed Over Spent Lead Ammunition On Public Lands

By E. Lynn Grayson, Partner, Jenner & Block The Center for Biological Diversity, the Sierra Club and the Grand Canyon Wildlands Council have filed a complaint against the U.S. Forest Service to limit the disposal of spent lead ammunition. Filed before the U.S. District Court for the District...

Jenner & Block: Navy Shipbuilders Avoid Asbestos Product Liability Claims

By Steven M. Siros, Partner, Jenner & Block On October 3, 2012, the United States District Court for the Eastern District of Pennsylvania decided two questions of first impression under maritime law: (1) does maritime law recognize the sophisticated user and/or sophisticated purchaser defenses...

Jenner & Block: Section 113 or 107? Supreme Court Declines to Clarify CERCLA Cost Recovery Options

By Allison Torrence, Associate, Jenner & Block Ever since the U.S. Supreme Court decided United States v. Atlantic Research Corp. in 2007, CERCLA PRPs and courts have been struggling with a crucial question: Whether parties subject to a consent decree may file claims for cost recovery under...

Federal Appeals Court Strikes Down Cross-State Air Pollution Rule

By Allison Torrence, Associate, Jenner & Block On Tuesday, August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") vacated the Cross-State Air Pollution Rule (the "Transport Rule"). In a 2-1 decision, written by Judge Kavanaugh...

Jenner & Block: EPA Faces Suits Over State Haze Plans As It Awaits Decision On Petition For Rehearing On Cross-State Air Pollution Ruling

By Allison Torrence, Associate, Jenner & Block As discussed previously in this blog, Federal Appeals Court Strikes Down Cross-State Air Pollution Rule , the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") vacated the Cross-State Air Pollution Rule...

Jenner & Block: Important Environmental Compliance Considerations In The Wake Of Hurricane Sandy

By Steven M. Siros, Partner, and Allison Torrence, Associate, Jenner & Block As Hurricane Sandy swept across the Eastern Seaboard, the images of its destructive power were humbling. As everyone begins to dig out from the damage caused by the storm, it is important to remember the environmental...

Jenner & Block: National Research Council Updates Contaminated Groundwater Sites Report

By E. Lynn Grayson, Partner, Jenner & Block At least 126,000 sites across the U.S. have contaminated groundwater that requires remediation, and about 10 percent of these sites are considered "complex," meaning restoration is unlikely to be achieved in the next 50 to 100 years due...

Jenner & Block: Fox River PCB Cleanup Allowed To Proceed

On November 21, 2012, a federal district court in Wisconsin rejected PRP efforts to seek modification of the remedial plan established by U.S. EPA and the State of Wisconsin to address PCB-contaminated sediments in the Fox River. In 2010, U.S. EPA and the State of Wisconsin sued several potentially responsible...

Jenner & Block: U.S. Appellate Court Defines Settling Parties' Rights to CERCLA Contribution and Cost Recovery

By Gabrielle Sigel , Partner, Jenner & Block On December 19, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a panel decision that clarifies the law within that Circuit on issues left unresolved after several U.S. Supreme Court's decisions interpreting certain provisions...

Jenner & Block: U.S. EPA Issues Revised Guidance On The Use Of Institutional Controls At Contaminated Sites

By Steven M. Siros, Partner, Jenner & Block U.S. EPA's Office of Solid Waste and Emergency Response ("OSWER") recently issued revised guidance relating to the use of institutional controls at Superfunds sites and other contaminated properties. The first guidance document, titled...

Jenner & Block: New EPA Guidance On Institutional Controls

By E. Lynn Grayson , Partner, Jenner & Block EPA has released guidance on the use of institutional controls at CERCLA, RCRA and UST sites. The guidance titled Institutional Controls: A Guide to Planning, Implementing, Maintaining and Enforcing Institutional Controls at Contaminated Sites is...

Jenner & Block: Post-Sackett Challenge to U.S. EPA RCRA Order

By Steven M. Siros, Partner , Jenner & Block The first of perhaps many post-Sackett challenges to RCRA orders was filed in the Central District of California in December. On December 18, 2012, a chemical company (Soco West, Inc.) challenged U.S. EPA's issuance of a RCRA Section 7003 unilateral...

Jenner & Block: New MOU Between EPA And Kentucky

By E. Lynn Grayson , Partner, Jenner & Bloc EPA Region 4 and the Commonwealth of Kentucky Department of Environmental Protection (KYDEP) have entered into a Memorandum of Understanding (MOU) to support and strengthen efforts to achieve cleanups in Kentucky. The MOU is intended to help property...

Jenner & Block: Army Corps Proposes New Controls To Protect Great Lakes From Evasive Aquatic Species

By E. Lynn Grayson , Partner, Jenner & Block The U.S. Army Corps of Engineers (USACE) recently released an updated list of controls it has identified for preventing the transfer of aquatic nuisance species (ANS) between the Great Lakes and the Mississippi River Basin. In the Aquatic Nuisance...