Sorry, but there are no more tags available to filter with.
Responding to Enforcement Actions

The maturity of the Clean Water Act ("CWA"), 33 U.S.C.S. §§ 1361 et seq., provides a convenient device to gain insight into environmental enforcement. The relative ease of enforcement due to the self monitoring and reporting requirements, has led to a relatively effective pollution...

Managing Environmental Remediation under Federal CERCLA

This paper discusses both the clean up process and the clean up standards and methods under the federal Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. ("CERCLA"). There have been significant changes in the last several years concerning clean...

Litigating the Environmental Administrative Law Case

Environmental litigation frequently involves litigation with the Environmental Protection Agency and other federal regulatory agencies and their state counterparts. This form of litigation is seldom "plenary," and because it most often involves agency decision making, discovery, the device...

Wetlands Law Update

Wetlands issues continue to be a major focus of environmental debate and discussion. The U.S. Army Corps of Engineers (the Corps), the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) are working on guidance for interpreting the rather confusing decisions of the U.S.... Read...

Rules for Conducting Environmental Due Diligence

On November 1, 2005, the United States Environmental Protection Agency (“U.S. EPA”) issued a Final Rule entitled “Standards and Practices for All Appropriate Inquiries,” that became effective November 1, 2006. The U.S. EPA has for the first time adopted rules regarding... Read...

Understanding the Role of Risk Assessment in Site Remediation

Risk assessment has become increasingly recognized as an effective and essential tool for supporting decisions in the remediation of sites in the United States during the past 15 years. Beginning in the 1980s, risk assessment was applied to the remediation of sites in the Superfund program, which was...

Federal and State Hazardous Substance Litigation

CERCLA was passed in 1980 at the end of the ninety-sixth Congress to clean up leaking, inactive or abandoned sites and provide emergency response to spills. CERCLA is the abbreviation for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C.S. § 9601-9675,...

Understanding and Protecting Natural Resources

Over the years, environmental pollution has spawned a great deal of public and private litigation and related governmental investigations. One type of claim, however, has seen little contemporary litigation: claims for natural resource damages ("NRD"). The relative dearth of NRD claims being...

Wetlands Practice Pointers: Where's Waldo? Finding Federal Wetlands after the Rapanos Decision

On June 19th in the Rapanos v. U.S. decision, the U.S. Supreme Court vacated and remanded for further proceedings two Sixth Circuit opinions holding that the U.S. Army Corps of Engineers had jurisdiction over wetlands adjacent to a tributary of traditional navigable waters. There was no majority on the...

Standing and Rights of Action in Environmental Litigation

The plaintiffs in environmental litigation often face a maze of procedural dead-ends which they must avoid to get to a hearing on the substance of their case. Of principal concern are those doctrines which may require dismissal in even the most meritorious case -- for example, the requirements of standing...

Could you repeat that, please?

Just starting out in the Environmental Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Environmental Law matters competently. Read on for a quick primer! Carbon credits: A tradable permit scheme. They provide a way...

Nuisance Lawsuits

A nuisance is a use of property that causes injury to others. A private nuisance is an unreasonable interference with the use and enjoyment of property of another, usually an adjoining landowner, while a public nuisance is one that may cause a broader, more general harm to the public. A classic example...

Federal Environmental Statutes

Spurred by the environmental movement of the 1960s, Congress began to address environmental protection by enacting numerous statutes in the early 1970s. Most of these statutes are implemented through extensive administrative regulations at the federal or state levels, or both. Among the major pieces...

Environmental Permitting

Environmental permitting programs regulate activities deemed to have potentially harmful effects on the physical environment in which we live. For example, federal and state statutes require permits for discharges to the air from industrial smokestacks, liquid discharges to bodies of water such as sewage...

Practicing Energy and Natural Resources Law

Energy law is very complex and regulated. Attorneys involved in energy and natural resources law help clients comply with regulatory requirements. Their practice emphasizes rate regulation, licensing and citing of energy facilities, development of energy resources and environmental compliance, and hazardous...

FREE EMERGING ISSUES ANALYSIS: Marten Law Group on Great Expectations: President-Elect Obama’s Environmental and Energy Policies

In his acceptance speech in Grant Park Tuesday night, President-elect Obama spoke of a “planet in peril.” As a candidate, he promised to combat global warming and to reduce the country’s dependence on foreign oil. Obama tied energy issues to our national security and economic recovery...

Will Your Practice and Your Professional Future be in the LEED?

If you practice real estate law, you need to become conversant with Green Building Law. Maybe your clients not have yet become exposed to green building provisions in contracts or green building governmental regulations or incentives, but they soon will be. In addition, you may not have covered green...

Supreme Court Decision Narrows the Definition of an Arranger in CERCLA Litigation and Encourages Apportionment of CERCLA Cleanup Costs by Property Owners Instead of Complete Joint and Several Liability

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) appellate decisions are often complex and difficult to read tomes, filled with multiple United States Code sections and acronyms. On May 4, 2009, the United States Supreme Court waded into CERCLA and issued an opinion that...