
Subscribe for updates
Recent Posts
- Colorado District Court Puts Brakes on Denver Dam Work Pending Environmental Review
- Tenth Circuit Applies Statute of Limitations That Is “Closest Fit” in CERCLA Action, Overrules Earlier Precedent
- New Jersey Weighs in on State Climate Tort Claims
- First Circuit Holds that Smelling Vehicle Exhaust Constitutes Injury-in-Fact under Clean Air Act
- Ninth Circuit Upholds Vacatur of Some Oil and Gas Leases
Topics
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Agency Action
- Loper Bright
- Council on Environmental Quality
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Environmental Justice
- Disparate Impact
- Title VI
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- Georgia
- FIFRA
- Federal Insecticide, Fungicide, and Rodenticide Act
- 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
- Solvents
- National Priorities List
- Vapor Intrusion
- Price-Anderson Act
- Solid Waste Management Act
- Personal Jurisdiction
- Successor Liability
- Operator Liability
- Potentially Responsible Parties
- Environmental Covenants
- Federal Circuit
- Divisibility
- National Contingency Plan
- Apportionment
- Strict Liability
- Water Pollution Control Act
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Gold King Mine
- Utah
- Federal Tort Claims Act
- New Mexico
- Tribal Lands
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- National Forest Management Act
- FERC
- Chevron Deference
- Endangered Species Act
- United States Supreme Court
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- PCBs
- Building Materials
- First Circuit
- Property Damage
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- Effluents
- FOIA
- Sediment Sites
- EHB
- Missouri
- Pipelines
- Texas
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Hearing Board
- Clean Streams Law
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Tax assessment
- Damages
- Property Value
- Stigma
- Fair Market Value
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Freshwater Wetlands Protect Act
- Residential
- Inspection
- New York
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- Natural Gas Act
- D.C. Circuit
- Mercury
- Hazardous Air Pollutants
- HAPs
- Condemnation
- Takings
- Natural Gas
- Storage
- Takings Clause
- Flooding
- Fifth Amendment
- Spill Act
- Causation
- NEPA
- Tenth Circuit
- Interior
- Mineral Leasing Act
- California
- Zoning
- Act 13
- Insurance Coverage
- Duty to Defend
- Landfill
- Eminent Domain
- Sixth Circuit
- Private Right of Action
- Illinois
- Water
- Subject Matter Jurisdiction
- Citizen Suit
- Diligent Prosecution
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Navigability
- Montana
- Equal-Footing Doctrine
- Riverbed
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- EPA
- Second Circuit
- Contribution
- Declaratory Relief
- Standing
- NPDES
- Procedure
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Contamination
- Louisiana
- Dukes
- Certification
- CLE
- Cases to Watch
- Privilege
- Decisions of Note
- Expert Witness
- Discovery
- Work Product
- CERCLA
- Insurance
- Defense Costs
- Cost Recovery
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Rapanos
- Army Corps
- Donovan
- Kentucky
- Trespass
- Farming
- Odors
- Nuisance
- Class Actions
- Hog Barn
- ISRA
- Informal Agency Action
- Administrative Hearing
- New Jersey
- Cancer
- Emissions
- Waste
- Air
- Combustion
- RCRA
- Railroad
- Speaking Engagements
- Third Circuit
- Toxic Torts
- Removal
- Federal Procedure
- Title V
- Clean Air Act
- Statute of Limitations
- Permits
- Supreme Court
- Superfund
- Cleanup
- Camp Lejeune
- Statute of Repose
- Multi-District Litigation
- Tolling
- Clean Water Act
- Wetlands
- Mineral Rights
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Due Process
- Deeds
- Leases
- Exploration
- Royalties
- Drilling
- Oil and Gas
Blog editor
Blog Contributors
Showing 2 posts from March 2021.
The Freedom of Information Act (“FOIA”) requires federal agencies to produce certain documents upon request to the general public unless one of nine exemptions applies. FOIA’s fifth exemption “protects from disclosure documents generated during an agency’s deliberations about a policy, as opposed to documents that embody or explain a policy that the agency adopts.” On March 4, 2021, in United States Fish and Wildlife Service et al. v. Sierra Club, Inc., No. 19-547, the Supreme Court of the United States held that draft biological opinions prepared by the U.S. Fish and Wildlife service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) fall within this deliberative process privilege exemption. Read More »
On March 1, 2021, the U.S. District Court for the Southern District of Ohio issued a ruling denying in part the summary judgment motion of Defendants Ingersoll-Rand and Trane U.S., against whom Plaintiff FIP Realty Co. brought various claims related to the historic release of VOCs on a site now owned by Plaintiff. See Fip Realty Co. v. Ingersoll-Rand Plc, No. 2:19-cv-03291. After acquiring the site out of receivership in 2010, Plaintiff retained several environmental consulting firms and undertook voluntary remediation efforts pursuant to the Ohio Voluntary Action Program (VAP). Six years later Plaintiff submitted a No Further Action (NFA) letter to the Ohio EPA, which in turn issued a Final Order and Covenant releasing Plaintiff from liability at the site as a result of its successful remediation. In 2019 Plaintiff filed the instant lawsuit seeking to recover remediation costs under CERCLA Sections 107(a) and 113(f)(3)(B), and to obtain a declaratory judgment under Section 113(g)(2) that Defendants are liable for all future costs. Defendants moved for summary judgment on various issues, two of which are the subject of disagreement among the federal appellate courts. Read More »