News & Analysis as of

Environmental Liability

Goldberg Segalla

Illinois Supreme Court to Decide Whether Ethylene Oxide Emissions Qualify as Traditional Environmental Pollution

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The question of whether ethylene oxide emissions constitute traditional environmental pollution for the purpose of interpreting commercial general liability pollution exclusions remains unsettled in many jurisdictions across...more

Saiber LLC

New Jersey Supreme Court Affirms DEP’s Discretion to Rescind Remediation In Progress Waivers, Underscoring Environmental...

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In a unanimous decision issued on April 7, 2025 in In re Appeal of the N.J. Dep’t of Environmental Protection’s Denial of Request for Adjudicatory Hearing, the New Jersey Supreme Court held that the Department of...more

Jones Day

German Landmark Climate Change Litigation Case Continues

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A Peruvian farmer's climate action lawsuit against a German energy company was continued recently before the Higher Regional Court in Hamm, Germany....more

Venable LLP

[Webinar] Insurance Coverage for PFAS Under Historical CGL, Modern Environmental and Other Insurance Policies - April 3rd, 1:00 pm...

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This program will address insurance coverage for the potential environmental impacts of PFAS, such as the costs of testing or remediation required by the government, as well as other potential non-environmental PFAS claims....more

Jones Day

D.C. Circuit Decision Underscores Jurisdictional Limits of FERC Project Reviews Under NEPA

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On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a decision—Citizens Action Coalition of Indiana, Inc. v. Federal Energy Regulatory Commission, 125 F.4th 229 (2025) ("Citizens Action")—affirming...more

Mandelbaum Barrett PC

NJDEP Proposes to Revamp its Remedial Action Permit Process

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To follow up our prior Environmental Blog discussing the proposed amendments to the Site Remediation Reform Act (SRRA) 2.0, another significant change relates to the remedial action permit (RAP) framework, aiming to...more

Goldberg Segalla

Insurer Determined to Owe a Duty to Defend Asbestos Exposure Claims from Vermiculite Mining

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This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Maximizing Opportunities for Redeveloping Brownfield Sites/Assessing the Potential for New American Innovation: U.S. House of...

The Subcommittee on Environment of the United States House of Representatives Committee on Energy & Commerce held a March 11th hearing entitled: Maximizing Opportunities for Redeveloping Brownfields Sites: Assessing the...more

Hogan Lovells

Pharmaceutical and cosmetic companies targeted by revised urban wastewater treatment directive – A critical moment to assess legal...

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The European Commission has revised the Urban Wastewater Treatment Directive (“UWWTD”), which is instrumental in mitigating urban wastewater pollution across EU. This revision, prompted by emerging environmental challenges,...more

MG+M The Law Firm

Expanding PFAS Liability: City of Savannah, Georgia's Wake-Up Call

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The legal landscape surrounding per- and polyfluoroalkyl substances (PFAS) is rapidly evolving, with industrial users now facing heightened risks, even if they never directly manufactured these chemicals. This shift is...more

Morgan Lewis - Up & Atom

Federal Circuit Broadly Interprets Indemnity Provisions in the Price Anderson Act

A recent decision by the US Court of Appeals for the Federal Circuit reinstated claims seeking indemnification under the Price-Anderson Act. In reversing a decision by the US Court of Federal Claims, the Federal Circuit...more

Verrill

Converting Risk to Reward in the Biosolids Industry

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Despite having over 130 years of collective environmental law experience, Verrill’s environmental group is very cautious in making predictions about the future. But sometimes we identify a trend that seems so obvious that we...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation

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On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Pillsbury Winthrop Shaw Pittman LLP

New York’s “Climate Superfund” Bill becomes Law, Part of a Trend

In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more

Jones Day

UK Coal Mine Planning Consent Quashed

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In December 2022, planning permission was granted by the secretary of state for Levelling Up, Housing and Communities ("SoS") to extract coal from a coal mine in Whitehaven, Cumbria, England. The project would have been the...more

Holland & Knight LLP

Tips for the Retail Leasing Lawyer to Minimize Environmental Liability Risk

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Retail leasing attorneys face particular challenges when it comes to managing environmental liability, in large part because of the misconception that prospective commercial tenants cannot be held legally responsible for...more

Holland & Knight LLP

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

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Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more

Bradley Arant Boult Cummings LLP

Buyer Beware: The Importance of Conducting Environmental Due Diligence

In the context of commercial real estate transactions, due diligence is conducted to obtain and verify available information regarding a property’s attributes and characteristics, physical and environmental condition,...more

Farella Braun + Martel LLP

[Event] Green Light or Red Flag? Critical Environmental Considerations in Real Estate Acquisitions - November 14th, San Francisco,...

Buying a commercial or industrial property can be a great opportunity—but it can also be fraught with financial peril and regulatory risk if you don’t properly assess environmental liabilities. Join us for an in-depth...more

Bennett Jones LLP

Redefining Corporate Disclosure of Material Change

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The Potential Impact of the Supreme Court of Canada's Decision in Lundin Mining Corporation v. Markowich - As the Supreme Court of Canada (the SCC) prepares to deliver its decision in Lundin Mining Corporation v Dov...more

Pullman & Comley, LLC

Forever Chemicals Present Significant Challenges for Commercial Real Estate

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In recent years, PFAS — or “forever chemicals” — have emerged as a major topic of concern for landowners, business owners and environmental and real estate professionals as regulators focus more attention on the management...more

DarrowEverett LLP

[Webinar] Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and Sale Agreements - October 30th, 9:00 am PT

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Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and...more

Jenner & Block

Client Alert: The Proliferation of Plastics Litigation and Insurance Coverage

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Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for...more

Verrill

Better Communication Among Regulators and the Regulated Can Improve Outcomes for Wastewater Permittees

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As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...more

Bennett Jones LLP

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends...

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In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of...more

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