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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. RACER recognized that, to achieve its mission, it was best to work cooperatively with its regulators.

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Why this First Nation is Right to Sue the Alberta Energy Regulator over Last Year’s Toxic Tailings Leak

Enviromental Defense

Instead of informing downstream communities, the Alberta Energy Regulator (AER) helped Imperial cover up the spill for over nine months. By failing to inform the community about the toxic leak, the lawsuit argues, the regulator failed to protect these guaranteed rights. They have spectacularly failed on this front.

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Maine, Massachusetts, and Maryland Expand Utility Regulators’ Mandate to Include Climate Considerations, Marking an Emerging Trend by State Legislatures

Law and Environment

These efforts mark an emerging trend of legislative bodies directing utility regulators to help advance climate policies. This enhanced vision of utility regulation gives me hope in the fight against climate change. Second, there is already some evidence that utility regulators are willing to act on such climate mandates.

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PFAS Environmental Regulatory Developments (So Far) in 2024

SPR Law

2024 has already been a banner year for the regulation of per- and polyfluoroalkyl substances (PFAS) at the federal level; unsurprisingly, these efforts are eliciting legal challenges from regulated entities.

2024 52
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EPA Files $4.2 Million Settlement Of Air Pollution Violations For 2019 Philadelphia Refinery Explosion, Fire; Public Comments Invited

PA Environment Daily

EPA alleged that the company violated CAA section 112(r) which requires facility owners and operators to ensure that regulated and other extremely hazardous substances are managed safely. Specifically, EPA alleged that PES violated CAA 112(r) and implementing regulations found at 40 C.F.R.

2019 81
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PA Assn. Of Environmental Professionals Host Nov. 12 Webinar On Threatened, Endangered Species Policy Updates

PA Environment Daily

Fish and Wildlife Service regulations implementing the federal Endangered Species Act, evolving protections for the tricolored bat and northern long-eared bat, and potential policy implications of the 2024 election. The panelists, Tad Macfarlan and Sam Boden from K&L Gates LLP, will discuss the significance of recent changes to U.S.

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Moving the Needle on PFAS Regulation

Vermont Law

The litigation uncovered internal company records showing that DuPont knew of PFOA’s significant health risks but withheld the information from regulators and the public. Comprehensive Environmental Response, Compensation, and Liability Act. A Congressional Response? State Regulation, Lawsuits, and Industry Pushback.