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Environmental Response Trusts: Surrogate for Federal and State Regulators?

Acoel

A common result of corporate bankruptcies is the creation of environmental response 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 ).

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Tackling PFAS with Superfund law risks shifting costs to public

Environmental News Bits

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.

Law 40
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Stay Vigilant: Keeping Companies Accountable under France’s New Corporate Duty of Vigilance Law

Vermont Law

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?

Law 52
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Protecting Public Health Is Complicated. But Science Can Help, and the Time Is Now.

Union of Concerned Scientists

These documents describe how the EPA understands their legal authorities to assess and address cumulative impacts and environmental justice. However, since major US environmental laws are enacted to protect the air, water, and land separately (i.e.

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A Small but Important Step: A Bird’s-Eye View of the ITLOS’ Advisory Opinion on Climate Change and International Law

Law Columbia

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.

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E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A

E2 Law Blog

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 Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations.

Law 52
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Supreme Court Green Lights State Law Claims in Superfund Context

Environment Next

Supreme Court held that the Comprehensive Environmental Response, 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.

Law 40