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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.
A common result of corporate bankruptcies is the creation of environmentalresponse trusts or “ERTs”. ERTs are created to address environmental issues for which the bankrupt company has responsibility. Elliott Laws is the Managing Member of EPLET, LLC, Administrative Trustee of RACER Trust ( www.RACERTrust.org ).
Introduction ‘Historic’ and ‘unprecedented’ are two adjectives that could easily apply to the advisory opinion rendered by the International Tribunal for the Law of the Sea (ITLOS) on May 21, 2024. Of course, these adjectives have also been used to describe many other recent judgments delivered on the topic of climate change.
Despite the fact that utility regulators play a huge role in our energy sector–the sector primarily responsible for historical U.S. While several states have formally allowed regulators to work in an environmentallyresponsible manner, existing provisions have not specifically called out climate change.
Stay Vigilant: Keeping Companies Accountable under France's New Corporate Duty of Vigilance Law By Josie Pechous Hungry? The three NGOs contend that Danone failed to comply with France’s recently adopted Corporate Duty of Vigilance Law. The purpose of this law is to mitigate risks in all crevices of the supply chain. Dairy-free?
Read the full story at Bloomberg Law. The EPA’s plan to speed Superfund cleanups of two “forever chemicals” to make polluters rather than taxpayers foot the bill raises concerns that the law’s limited flexibility will shift the burden of costs back to communities, attorneys and groups representing public services say.
Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive EnvironmentalResponse, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations.
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 (..)
Prior to joining DEP she worked in the Department of Labor and Industry on workforce development, labor law compliance and unemployment compensation issues from 2010 to 2011. Click Here for more details.
Supreme Court held that the Comprehensive EnvironmentalResponse, Compensation and Liability Act (“CERCLA”) (i) does not preclude owners of contaminated property from pursuing state law claims for nuisance, trespass and strict liability, but (ii) requires EPA approval of any remedial action conducted on the landowners’ property.
Reworld™ is a proven provider of e-waste recycling, recovery and environmentallyresponsible disposal, having recycled more than 135 million pounds of e-waste.
Since 1997, Cynthia has been appointed by the Pennsylvania Senate Pro Tempore to serve on the Citizens Advisory Council to the Pennsylvania Department of Environmental Protection. She served as Chair of the Council for 2 years and has served on Councils Executive Committee for the last 16 years.
Environmental Protection Agency moves toward finalizing its proposal to designate Per- and Polyfluoroalkyl Substances (PFAS) – also known as “forever chemicals” – as hazardous substances under the Comprehensive EnvironmentalResponse, Compensation, and Liability Act (CERCLA).
Hawk Mountain Sanctuary in Berks County supports environmentallyresponsible wind and other renewable energy development as an important measure to combat climate change. However, environmentallyresponsible wind energy development starts with siting turbines where impacts to wildlife and people can be minimized.
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To learn more about the Imperial Oil tailings scandal, watch this short video: When all else fails, sue ACFN’s Chief Allan Adam, explained his reasons for the lawsuit: “The AER is supposed to (…) ensure safety and environmentalresponsibility. They have spectacularly failed on this front.
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Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. 9601) and petroleum products.” Importantly, the ASTM E1527 is recognized by the U.S.
Mandelbaum , a shareholder in global law firm Greenberg Traurig , LLP’s Philadelphia office , is among the professionals recognized on the 2023 City & State Pennsylvania Fifty Over 50 list. Greenberg Traurig received a first-tier ranking in the “EnvironmentalLaw” and “Litigation — Environmental” categories in the U.S.
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.
The Comprehensive EnvironmentalResponse, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. is best known for setting forth a comprehensive mechanism to cleanup hazardous waste sites under a restoration-based approach and for imposing liability on potentially responsible parties. 9601, et seq.,
A huge supporter of air quality data visualization, Jeff works with both individuals and larger organizations including industry groups and policymakers to help translate air quality research and enable making more informed, environmentallyresponsible decisions. Tim Smedley - Sustainability Journalist.
Court of Appeals for the Second Circuit decided Revitalizing Auto Communities EnvironmentalResponse Trust v. 18, 2021), another appellate decision amplifying the confusion around private actions to reallocate costs under the federal Superfund statute, the Comprehensive EnvironmentalResponse, Compensation and Liability Act (CERCLA).
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On March 31, 2021, the Court of Appeals for the Seventh Circuit upheld a district court decision interpreting the term “claim” in an indemnification agreement to require some threat of suit or assertion of liability under Minnesota law. Wisconsin Central LTD v. Soo Line Railroad Co. , 19-3129 (7 th Cir.
As a young biologist working for the state environmental agency I was involved with environmentalresponse teams that sampled sediments and fish in the river. I suggest that practitioners and law professors read the recent summary of the Kepone crisis in the Richmond Times Dispatch , and two recent books on the topic.
Phase I environmental site assessments (“Phase I ESAs”) play an important part in real estate due diligence and can constitute “ All Appropriate Inquiry ” (“AAI”) under the liability protections afforded by the U.S. Comprehensive EnvironmentalResponse, Compensation, and Liability Act (“CERCLA”) and analogous state laws. .
The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive EnvironmentalResponse, Compensation and Liability Act (CERCLA or Superfund).
I am excited to be presenting a fast paced and fun one hour virtual program, “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. Potable water use reduction may be the most important ESG factor.
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]).
The University then sued in state court on a variety of common law theories. Even if this were a remedy under the Comprehensive EnvironmentalResponse, Compensation and Liability Act (CERCLA), the court of appeals opined that a state court damage claim, at least, would not constitute an impermissible challenge to a remedy.
Global Green USA and Acceler8 have committed to countering these influences by providing law enforcement volunteers and automotive professionals as positive role models, preparing youth for careers in the burgeoning alternative fuel vehicle industry. Website: [link] // [link].
Reviewing KWBA’s actions de novo applying the same standards of review as the trial court, the Court of Appeal analyzed Buena Vista’s claim that the EIR failed to contain “an accurate, stable, and finite project description” as an alleged “failure to proceed in a manner required by law.” State ex rel. 2015) 242 Cal.App.4th
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.
What makes this case unique, and bolstered the arguments of the objectors, is that the settlement incorporated work pursuant to a ROD that the District Court had already determined has not been selected in accordance with law. Emhart Indus., CNA Holdings LLC , No. 19-1563, slip op.
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.
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. 9601) and petroleum products.”.
Superfund lawyers often confront vexing problems in allocating responsibility among parties jointly and severally liable under the Comprehensive EnvironmentalResponse, Compensation and Liability Act (CERCLA). Litigation cost is prominent among those problems.
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.
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.
Cost-recovery and contribution lawsuits under the Comprehensive EnvironmentalResponse, Compensation, and Liability Act (CERCLA) can sometimes drag on for several years, or longer, because of the multitude of potentially responsible parties (PRPs), the often-separate liability and allocation phases, and appeals of rulings decided at each phase, among (..)
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