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Managing Environmental Remediation under Federal CERCLA
Posted on 14 Feb 2008 by AME3bg

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... Read More

Will Your Practice and Your Professional Future be in the LEED?
Posted on 25 Feb 2009 by Ted Zwayer

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... Read More

Wetlands Practice Pointers: Where's Waldo? Finding Federal Wetlands after the Rapanos Decision
Posted on 14 Feb 2008 by AME3bg

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... Read More

Wetlands Law Update
Posted on 14 Feb 2008 by AME3bg

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... Read More

Litigating the Environmental Administrative Law Case
Posted on 14 Feb 2008 by AME3bg

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... Read More

Could you repeat that, please?
Posted on 14 Feb 2008 by AME3bg

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... Read More

FREE EMERGING ISSUES ANALYSIS: Marten Law Group on Great Expectations: President-Elect Obama’s Environmental and Energy Policies
Posted on 6 Feb 2009 by Marten Law Moir, Kray and Marten

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... Read More

Standing and Rights of Action in Environmental Litigation
Posted on 14 Feb 2008 by AME3bg

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... Read More

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
Posted on 8 May 2009 by Ted Zwayer

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... Read More

Understanding the Role of Risk Assessment in Site Remediation
Posted on 14 Feb 2008 by AME3bg

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... Read More

Federal Environmental Statutes
Posted on 6 May 2008 by AME3bg

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... Read More

Federal and State Hazardous Substance Litigation
Posted on 14 Feb 2008 by AME3bg

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... Read More

Understanding and Protecting Natural Resources
Posted on 14 Feb 2008 by AME3bg

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"... Read More

Environmental Permitting
Posted on 17 Jun 2008 by AME3bg

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... Read More

Nuisance Lawsuits
Posted on 6 May 2008 by AME3bg

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... Read More

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  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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,...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...