Subscribe for updates
Recent Posts
- Supreme Court Halts EPA’s Federal Air Quality Plan Citing Issues with Good Neighbor Provisions
- Fourth Circuit Rejects Maryland District Court’s Recognition of a Scienter Requirement for Arranger Liability under CERCLA
- District Court Dismisses Common Law Claims Based on Statute of Limitations in Paper Mill Emissions Case
- Government Plausibly Pleads Corporate Successorship in CERCLA Lawsuit, New Jersey District Court Holds
- Eleventh Circuit Holds that Plaintiff Still Has Standing to Challenge NEPA Review for Completed Project
Topics
- Internal Investigation
- Evidence
- Citizens Suit
- Georgia
- Federal Insecticide, Fungicide, and Rodenticide Act
- 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
- Vapor Intrusion
- Solvents
- National Priorities List
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Divisibility
- Apportionment
- National Contingency Plan
- Strict Liability
- Water Pollution Control Act
- Utilities
- Public Utilities Commission
- Historic Resources
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Utah
- Tribal Lands
- Federal Tort Claims Act
- Gold King Mine
- New Mexico
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- FERC
- National Forest Management Act
- Endangered Species Act
- Chevron Deference
- United States Supreme Court
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- PCBs
- Property Damage
- Building Materials
- First Circuit
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- FOIA
- Effluents
- Sediment Sites
- EHB
- Missouri
- Pipelines
- Texas
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Clean Streams Law
- Hearing Board
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Property Value
- Tax assessment
- Fair Market Value
- Damages
- Stigma
- Storage Tank
- Indemnification
- Energy
- Electric
- Fifth Circuit
- Ninth Circuit
- Arizona
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Residential
- Freshwater Wetlands Protect Act
- Inspection
- New York
- Federal Energy Regulatory Commission
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- D.C. Circuit
- HAPs
- Hazardous Air Pollutants
- Mercury
- Takings
- Condemnation
- Natural Gas
- Storage
- Fifth Amendment
- Flooding
- Takings Clause
- Spill Act
- Causation
- NEPA
- Mineral Leasing Act
- Interior
- Tenth Circuit
- California
- Act 13
- Zoning
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Water
- Illinois
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Navigability
- Riverbed
- Equal-Footing Doctrine
- Montana
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Equity
- Laches
- Delay Notice
- EPA
- Consent Decree
- Boiler MACT
- Rulemaking
- CISWI
- Enforcement
- Declaratory Relief
- Second Circuit
- Contribution
- Standing
- NPDES
- Procedure
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Contamination
- Dukes
- Louisiana
- Certification
- CLE
- Cases to Watch
- Discovery
- Expert Witness
- Privilege
- Work Product
- Decisions of Note
- CERCLA
- Cost Recovery
- Defense Costs
- Insurance
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Army Corps
- Donovan
- Rapanos
- Kentucky
- Nuisance
- Class Actions
- Odors
- Trespass
- Farming
- Hog Barn
- Informal Agency Action
- Administrative Hearing
- New Jersey
- ISRA
- Cancer
- Combustion
- Emissions
- Railroad
- RCRA
- Waste
- Air
- Speaking Engagements
- Federal Procedure
- Removal
- Third Circuit
- Toxic Torts
- Statute of Limitations
- Title V
- Clean Air Act
- Permits
- Cleanup
- Superfund
- Supreme Court
- Camp Lejeune
- Multi-District Litigation
- Statute of Repose
- Tolling
- Wetlands
- Administrative Procedures Act
- Deeds
- Clean Water Act
- Marcellus Shale
- Due Process
- Mineral Rights
- Enforcement Action
- Oil and Gas
- Royalties
- Drilling
- Exploration
- Leases
Blog editor
Blog Contributors
Showing 3 posts in Retroactive.
In State of Louisiana et al. v. U.S. Envt’l Prot. Agency et al., 2:23-CV-01714, 2024 WL 994651 (W.D. La. Mar. 7, 2024), a federal judge rejected certain states’ and industry groups’ motion for preliminary relief to enjoin the EPA’s revised Clean Water Act (“CWA”) rule (“2023 Rule”). The 2023 Rule reinstated EPA’s long-held interpretation of Section 401 of the CWA that afforded states and tribes broad authority to veto or impose conditions on federally permitted activities due to water quality concerns. The court’s decision is a blow to efforts instituted by EPA under the Trump administration to interpret the authority of states and tribes more narrowly under Section 401. Read More »
Earlier this week, the New Jersey Supreme Court ruled that Spill Act contribution claims against the State of New Jersey for events prior to April 1, 1977 – the date the statute was enacted – are barred by the doctrine of sovereign immunity. This ruling places the State on an unequal footing with private parties for historic environmental liability under the Spill Act, and in effect, creates an automatic orphan share for pre-1977 sites where the State would otherwise have liability. Read More »
The New Jersey Superior Court Appellate Division recently confirmed that the New Jersey Spill Act applies retroactively and abrogates the State of New Jersey’s sovereign immunity for contribution to contamination. The case, NL Industries, Inc. v. State, Dkt. No. L-1296-14 (Law Div., Middlesex Cnty., August 27, 2014), affd. Dkt. No. A-0869-1413, (App. Div., Aug. 26, 2015), deals with the remediation of contamination related to the historic construction of a sea wall and jetty in the Laurence Harbor section of Old Bridge Township. The sea wall and jetty are part of the Raritan Bay Superfund site, which was placed on the National Priorities List in November 2009 after EPA detected elevated levels of lead and heavy metals in the soil, beach, sand, and sediments surrounding the Bay. In January 2014, the EPA issued a unilateral administrative order to NL Industries, the manufacturer of lead and other heavy metal slags that were used to construct the sea wall, to clean up the contamination, which is anticipated to cost in excess of $75 million. Read More »