Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Colony Insurance Company v. Bear Products, Inc ., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013) [ enhanced version available to lexis.com subscribers... Read More
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... Read More
By Marten Law PLLC Excerpt from the Commentary: This Emerging Issues Analysis from Marten Law provides an overview of the major changes to energy and environmental laws that the Obama Administration is expected to advance in the next four... Read More
The US EPA has proposed its National Enforcement Initiatives (“NEI”) for calendar years 2017 through 2019. US EPA develops a set of NEI every three years, focusing federal resources on industries with noncompliance issues on a regional or... Read More
Last week the Council of the Commission for Environmental Cooperation (CEC) agreed to a new Operational Plan for 2013-2014 that focuses on collaborative actions in three strategic areas to maximize the overall impact: greening transportation, tackling... Read More
By Bruce Pasfield and Elise Paeffgen, Attorneys, Alston & Bird LLP On June 21, 2012, the Supreme Court in Southern Union Co. v. U.S., 567 U.S. __ (2012) held that the Sixth Amendment right to a jury trial requires juries not judges to decide the... Read More
Get the latest expert analysis on California's enacted environmental legislation. The article describes recent California legislation addressing climate change, air quality, energy and fuels, water quality and supply, hazardous waste, land use, environmental... Read More
By Lawrence Schnapf, Principal, Schnapf LLC The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray , 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12) , is the latest example of how vapor intrusion has become a game changer... Read More
The United States Environmental Protection Agency (EPA) has released a final rule that will allow entities to complete manifest forms required under the Resource Conservation and Recovery Act (RCRA) through a computer-based e-Manifest system hosted by... Read More
By Dianne Saxe, Ontario Environmental Lawyer West Virginia is getting serious about brownfield revitalization in a way no Canadian jurisdiction has done. In April, they adopted a West Virginia Land Stewardship Corporation Act , to come into effect... Read More
By Jane C. Luxton and Todd C. Fracassi, Partners, Pepper Hamilton LLP In a closely watched Superfund case decided April 4, 2013, the Fourth Circuit Court of Appeals interpreted the scope of landowner liability protections Congress put in place in 2002... Read More
By E. Lynn Grayson, Partner, Jenner & Block EPA recently announced plans to amend certain hazardous waste regulations under RCRA at 40 C.F.R. Parts 261-265 in its Action Initiation List. According to EPA, the focus will be to streamline these... Read More
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... Read More
Sue And Settle: Court Rules Consent Decree Not Consistent with Public Interest - December 19, 2014 Deadline for Proposing Coal Ash Rules Should Not Be Subject to Delay by the Parties By Kathy Beckett and Kathy Milenkovski The United States District... Read More
A pre-publication draft of a proposed rule by EPA may clarify hazardous waste requirements for obsolete or defective pharmaceuticals. EPA proposes a new Subpart P entitled “Hazardous Waste Pharmaceuticals” to 40 CFR Part 266 of its RCRA regulations... Read More