Subscribe for updates
Recent Posts
- D.C. Circuit Rejects Challenge to EPA’s Designation of PFOA and PFOS as CERCLA Hazardous Substances
- Tenth Circuit Clarifies Diligent Prosecution Bar to Citizen Suits under Clean Air Act
- Eleventh Circuit Allows Federal Officer Removal for EPA-Directed Cleanup
- Supreme Court Holds FIFRA Preempts State-Law Failure-to-Warn Claims Challenging EPA-Approved Labels
- California Federal Court Holds Agencies May Be Liable Under Clean Air Act Citizen Suit Provision
Topics
- State Implementation Plans
- Venue
- NJDEP
- Pollutants
- Connecticut
- Federal Land Policy and Management Act
- Agency Action
- Council on Environmental Quality
- Loper Bright
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Environmental Justice
- Disparate Impact
- Title VI
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- FIFRA
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- National Priorities List
- Vapor Intrusion
- Solvents
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Operator Liability
- Potentially Responsible Parties
- Federal Circuit
- Environmental Covenants
- Divisibility
- Apportionment
- National Contingency Plan
- Water Pollution Control Act
- Strict Liability
- Utilities
- Historic Resources
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Gold King Mine
- Utah
- Tribal Lands
- Federal Tort Claims Act
- New Mexico
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- National Forest Management Act
- FERC
- United States Supreme Court
- Endangered Species Act
- Chevron Deference
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Property Damage
- PCBs
- Building Materials
- First Circuit
- Groundwater
- Natural Resource Damages
- Brownfields
- Innocent Party
- Brownfield
- Environmental Rights Amendment
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- FOIA
- Effluents
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Civil Penalties
- Hearing Board
- Clean Streams Law
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Stigma
- Fair Market Value
- Damages
- Tax assessment
- Property Value
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Procedure
- Contamination
- Natural Gas
- Residential
- Inspection
- Freshwater Wetlands Protect Act
- New York
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- Natural Gas Act
- D.C. Circuit
- Mercury
- HAPs
- Hazardous Air Pollutants
- Condemnation
- Takings
- Storage
- Fifth Amendment
- Flooding
- Takings Clause
- Spill Act
- Causation
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Landfill
- Eminent Domain
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Citizen Suit
- Subject Matter Jurisdiction
- Diligent Prosecution
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Equal-Footing Doctrine
- Riverbed
- Navigability
- Montana
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Bona Fide Prospective Purchaser
- Green House Counsel
- Enforcement
- Delay Notice
- Rulemaking
- Equity
- Consent Decree
- Laches
- CISWI
- Boiler MACT
- EPA
- Second Circuit
- Contribution
- Declaratory Relief
- NPDES
- Standing
- Dimock
- Medical Monitoring
- Legislation
- Case Update
- Dukes
- Certification
- Louisiana
- CLE
- Discovery
- Cases to Watch
- Privilege
- Work Product
- Expert Witness
- Decisions of Note
- Defense Costs
- Insurance
- Remediation
- Response Action Contractors
- Consultant Liability
- Negligence
- Rapanos
- Donovan
- Army Corps
- Kentucky
- Farming
- Nuisance
- Hog Barn
- Trespass
- Odors
- Class Actions
- Informal Agency Action
- ISRA
- New Jersey
- Administrative Hearing
- Air
- Cancer
- Combustion
- Emissions
- Waste
- RCRA
- Railroad
- Speaking Engagements
- CERCLA
- Removal
- Federal Procedure
- Toxic Torts
- Third Circuit
- Clean Air Act
- Permits
- Statute of Limitations
- Title V
- Superfund
- Cleanup
- Cost Recovery
- Supreme Court
- Tolling
- Statute of Repose
- Multi-District Litigation
- Camp Lejeune
- Marcellus Shale
- Administrative Procedures Act
- Deeds
- Wetlands
- Enforcement Action
- Clean Water Act
- Due Process
- Mineral Rights
- Leases
- Oil and Gas
- Royalties
- Real Estate
- Exploration
- Drilling
Blog editor
Blog Contributors
Showing 3 posts from February 2017.
Last week, a federal district court in Alabama rejected motions to dismiss a RCRA declaratory judgment and injunctive relief action filed by an environmental interest group against a group of defendants including an Alabama manufacturer that formerly used and disposed of materials containing perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”). Tennessee Riverkeeper, Inc. v. 3M Co. et al., No. 16-1029-AKK (Feb. 10, 2017 N.D. Ala.). This decision follows a chain of increasing regulatory and private scrutiny of PFOA and PFOS. In May 2016, EPA released more stringent drinking water standards for PFOA and PFOS, and firms that use, used, or disposed of one or both of the chemicals are frequently becoming the targets of regulatory and private enforcement efforts like this one. Read More »
The Clean Water Act (“CWA”) generally forbids discharging contaminated effluent into waters of the United States unless the discharger holds a National Pollution Discharge Elimination System (“NPDES”) permit. Once a discharger holds a permit, they are shielded from discharge related liability- unless, as the Fourth Circuit observed in the recent case of Ohio Valley Environmental Coalition v. Fola Coal Company, LLC, No. 161024 (4th Cir., 1/04/2017), the permit holder is noncompliant. Read More »
The drinking water crisis in Flint, Michigan has led to a series of lawsuits brought on behalf of Flint residents. In two similar circumstances, and most recently on February 2 of this year in the case of Mays v. Snyder, No. 15-14002 (E.D. Mich. Feb. 2, 2017), the United States District Court in the Eastern District of Michigan granted motions to dismiss complaints that alleged that state officials had violated residents’ constitutional rights by exposing them to contaminated water. In both instances, the court held that the residents’ constitutional claims were precluded by the Safe Drinking Water Act (“SDWA”). Read More »
