Recent Posts

Disposal Of Hazardous Waste Materials Resulting From Oil And Gas Well Drilling Operations Not A Pollution Event For Insurance Endorsement
Posted on 1 May 2013 by Brian Margolies

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

Jenner & Block: National Research Council Updates Contaminated Groundwater Sites Report
Posted on 29 Nov 2012 by E. Lynn Grayson

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

Marten Law: In Second Obama Term, Expect Significant Changes to Energy and Environmental Law
Posted on 1 Dec 2012 by LexisNexis Environmental Law Community Staff

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

EPA Floats Proposed New Enforcement Initiatives for 2017 – 2019
Posted on 16 Nov 2015 by Steptoe & Johnson PLLC

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

CEC Approves New Operational Plan For 2013-2014
Posted on 24 Jul 2013 by E. Lynn Grayson

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

Supreme Court’s Southern Union Decision Helps Level the Playing Field for Corporations Subject to Criminal Fines
Posted on 13 Jul 2012 by Bruce Pasfield

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

The 2012 California Environmental Legislative Recap--The Calm Before the Storm
Posted on 22 May 2013 by LexisNexis Environmental Law Community Staff

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

District Court Holds Vapor Intrusion Is Imminent and Substantial Endangerment
Posted on 18 Jun 2012 by Larry Schnapf

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

EPA Issues Rule to Create e-Manifest System
Posted on 27 Feb 2014 by Babst Calland

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

West Virginia Gets Serious About Liability Barriers To Brownfield Revitalization
Posted on 2 Aug 2013 by Dianne Saxe

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

Pepper Hamilton Client Alert: Fourth Circuit Brownfields Decision Stops Short of Worst-Case Outcome
Posted on 30 May 2013 by Pepper Hamilton Environmental Law Practice Group

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

EPA Plans To Amend RCRA Hazardous Waste Generator Regulations
Posted on 31 Jan 2012 by E. Lynn Grayson

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

Jenner & Block: New EPA Guidance On Institutional Controls
Posted on 14 Jan 2013 by E. Lynn Grayson

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

Court Rejects EPA’s Coal Ash Settlement Agreement
Posted on 3 Jun 2014 by Steptoe & Johnson PLLC

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

EPA Proposes Hazardous Waste Rule for Pharmaceuticals
Posted on 2 Nov 2015 by Williams Mullen

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