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These documents describe how the EPA understands their legal authorities to assess and address cumulative impacts and environmental justice. However, since major US environmentallaws are enacted to protect the air, water, and land separately (i.e.
What is EnvironmentalLaw? Humanity has been aware of its environment far longer than there have been laws to protect environments. However, the term “environmentallaw” does not just cover government legislation. These are not “laws” per se but act as such within a regulatory framework.
Shockingly, this was the first time local Indigenous nations, the federal government and the public were informed about the leak! Instead of responding to these concerns, governments have added to the problem by approving more tar sands mines and tailings. They have spectacularly failed on this front.
In her current role as vice president, government and community relations, she has oversight of all public policy matters and strategic government affairs. In addition to these responsibilities, she also directly manages the Heritage Program and the Community Greening Program, two of the largest program areas at the Conservancy.
BOEM is authorized by federal law to issue leases, easements, and rights of way to allow for renewable energy development on the Outer Continental Shelf and, in doing so, is required to coordinate with relevant federal agencies and affected state and local governments to ensure that renewable energy development takes place in a safe and environmentally (..)
On May 7, 2024, the United States District Court for the District of New Jersey denied Defendant ISP Environmental Service Inc.’s United States v. ISP Envt’l Servs. 2024 WL 2013949 (D.N.J. Read More » Tags: CERCLA , Cost Recovery , Successor Liability , Superfund
Tad Macfarlan is an experienced environmental and land use lawyer and a partner in the firm's global Environment, Land, and Natural Resources practice group. Tad's practice focuses on the environmental aspects of project development, transactional, litigation, and government enforcement matters (both civil and criminal).
As Founder and Director of Clean Air in London, Simon pressured city and federal governments for nearly a decade and managed to get the U.K. government to provide the official figures on premature deaths caused by air pollution. And while progress has been made, the fight for clean air is not yet over.
On April 26, 2023, the United States Court of Federal Claims ordered the federal government to reimburse Shell U.S.A. Ultimately, the Court held that the plain reading of CERCLA includes interest as a “charge,” and the government was not immune from paying those costs. Shell U.S.A.,
The decade-long dispute finally ended in a compromise wherein the government agreed to pay DuPont $51M and ConocoPhillips $1M for past and future clean-up costs. The settlement comes one year after the Supreme Court decision in U.S. DuPont, et al v. 2:97-CV-00487-WJM-MF.
PAEP presents these awards to Pennsylvanians who made unique and creative contributions to the field of environmental management in Pennsylvania with preference given to the fields of administration, law, regulation and community organization. The awards were presented at the PAEP annual conference in State College.
The court’s reasoning came down to an interpretation of CERCLA that the phrase “subject to” was intended to mean “governed or affected by” rather than “obedient to.” 2021); 42 U.S.C. § § 9603. ” Id.
The Sabin Center for Climate Change Law ’s latest paper, Permitting CO 2 Pipelines: Assessing the Landscape of Federal and State Regulations , assesses the legal framework for developing CO 2 pipelines to support DAC Hub projects. law surrounding CO 2 pipelines is characterized by glaring governance gaps.
25, 2024), that arranger liability under the Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980 (“CERCLA”) requires a potentially responsible party to have knowledge that the waste it discards is hazardous. Alban Tractor Company et al. , 23-1155 (4th Cir.
We had posted some months ago that it was hugely significant that this Phase l Environmental Site Assessment Standard was in Limbo because that assessment is conducted in the vast majority of the 5.6 including for a real estate purchaser to avoid liability under CERCLA [the Superfund law]).
Commercial PACE is a financing mechanism that enables building owners to fund energy efficiency, renewable energy, water conservation projects, and the like, through private loans collected with government property tax assessment billings.
In a real world example of green bleaching, we were recently asked to assist a business in bleaching all references to ESG and other environmental matters from their website and their annual report. submitting greenhouse gas data to a government as required by a BEPS program).
May 24, 2021) , attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive EnvironmentalResponse, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9613(f)(3)(B). See, e.g., Trinity Industries, Inc. 3d 131 (3d Cir.
These state-level “Climate Superfund” bills are modeled on the Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980 (CERCLA), commonly known as Superfund, which imposes liability on multiple parties, including the generators of waste, for the cleanup of contaminated sites.
This government policy, though commendable for its environmental aspirations, has negative implications for both tenants and building owners alike. Under an updated schedule, the government has mandated that from January 1, 2025, forward, buildings that are rated below F or 420 kWh per m² will no longer be allowed to rent flats.
In fact, eco-labels illustrate powerful tools of consumer-driven environmental protection and show that green-washing can be stopped through soft law approaches. Ministry of Environment and Forests, Government of India. Environmental Choice. Unfortunately, the efforts by the Indian Government have not been successful.
I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program.
Environmental Protection Agency is proposing to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive EnvironmentalResponse, Compensation, and Liability Act (CERCLA), also known as the “Superfund” law.
This blog post was co-authored by Martha Kinsella, former senior counsel in the Democracy Program at the Brennan Center for Justice at NYU Law. To keep such episodes from happening, states need to put in place laws and policies to safeguard the integrity of science used in policymaking.
Despite these experiences, lawmakers have done little to adopt new laws and policies directed at requiring greater protections against spills and contamination from the growing threat of extreme weather. Houston, post-Harvey, provides a good case study for examining options for better preparedness and response. Vermont. , News reports.
On the same day at COP28, the Indian government submitted its third “National Communication” to the UN Framework Convention on Climate Change (UNFCCC). Furthermore, in July 2023, India passed a new law that has made it easier to clear forests, including for coal mines.
I named the Priority Pollutants a moment ago, which are 129 chemicals of interest under the Clean Water Act, RCRA, one of two federal lawsgoverning hazardous wastes has several hundred “Appendix IX” groundwater monitoring compounds. I will organize my discussion by key laws. Each law has thousands of regulations.
Thus, EPA’s analysis relies on several additional factors: Other federal financial responsibility requirements. State law requirements. EPA also found that regulated utilities pose low risk because they have reasonable opportunity to recover necessary and prudent costs through rate regulation — generally including environmental costs.
However, under existing law, those formations likely could not be used for carbon storage. The INVEST in America Act (also known as the bipartisan infrastructure bill) that just passed the Senate could change that if it becomes law. portion of the Cascadia basin but, due to a quirk of federal law, that is not currently possible.
This guidance from the FTC may seem counterintuitive, but it is consistent with that prescript and the longstanding position of the federal government that only the party owning the renewableness may make a claim to it. The Guides are administrative interpretations of the law. yes, this blog will continue).
Where in recent years climate change has sucked the air out of the room overtaking other devastating events that occur due to humanity’s impact on the environment, PFAS is now on the agenda of government, businesses, and consumers alike. It remains to be seen how efficacious government action will be (. This year began with the U.S.
He will describe how the federal Bipartisan Infrastructure Law, new programs have been established to inventory and properly close orphaned wells. The law allocates $4.7 Demonstrating a commitment to environmentalresponsibility, Plants and Goodwin have partnered with Zefiro Methane Corp.,
Plus, a newly announced Initiative to Advance the Frontiers of Benefit-Costs Analysis and Strengthen Government Decision-Making seeks engagement from researchers to inform future changes. A companion document explains how OMB incorporated public input in these revisions.
Plus, a newly announced Initiative to Advance the Frontiers of Benefit-Costs Analysis and Strengthen Government Decision-Making seeks engagement from researchers to inform future changes. A companion document explains how OMB incorporated public input in these revisions.
Governments, corporations, and individuals alike embraced sustainable construction practices, energy efficient technologies, and renewable energy sources, as well as the broader green building pillars including fighting modern slavery. often poorly) winners and losers, hurting disadvantaged communities.
While the Alberta Energy Regulator has the ability, and responsibility, to hold companies that break the law to account, it has repeatedly demonstrated an unwillingness to enforce its own laws when it comes to industry rulebreakers — leaving Albertans to bear the costs and clean up the mess.
A Brief History of Federal Superfund Legislation In 1980, Congress enacted The Comprehensive EnvironmentalResponse, Compensation, and Liability Act (CERCLA), more commonly known as Superfund. 259, the Climate Superfund Act, marks a new era in the effort to hold the worlds largest polluters responsible for the mess they have made.
Additionally, the government disputes over all electric building codes (. Additionally, the government disputes over all electric building codes (. There are few, if any laws or for that matter even rules in this space, but from our own proprietary ESG disclosure standard, we have specific guidelines for energy.
9, 2022) at SR-7. In my January 2021 column for the Legal Intelligencer ’s Pennsylvania Law Weekly I suggested the opposite, or maybe an inside-out version of the same thing: “[t]he governmental response to the viral pandemic is. Often in those circumstances the law substitutes process for standards. 59,298 (Jan. 9613(f)(2).
Cooperation between conservation organizations and government , at a cost of nearly a half-billion dollars in private funds alone , has not only brought these birds back from the precipice but made them so plentiful that they roam residential streets from Boston to the Bay Area.
Over the past few months, we have witnessed a massive dismantling of science and scientific processes in the federal government, and especially at the U.S. Environmental Protection Agency (EPA). Government Accountability Offices (GAO) High-Risk Series. This is a mischaracterization of the challenges faced by IRIS.
Our primary focus continues to be on chemical substances which are the subject of regulatory activity or scrutiny by various government agencies and potential litigants. In June and July 2021, Maine enacted multiple laws that regulate PFAS both in products and in the environment. The House bill ( H.R. 21-191 (S.B. N: 2021 Me.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. It demands to be governed by as universal a rule of apportioning responsibility as is available.” applied federal common law. and non-U.S.
Our primary focus continues to be on chemical substances which are the subject of regulatory activity or scrutiny by various federal and state government agencies and potential litigants. New California Laws Ban PFAS in Children’s Products and Food Packaging and Establish Chemical Disclosure Requirements for Cookware. California.
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