News & Analysis as of

Environmental Liability Public Health

Pullman & Comley, LLC

Forever Chemicals Present Significant Challenges for Commercial Real Estate

Pullman & Comley, LLC on

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

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

Troutman Pepper

North Carolina Court Rules Predecessor Company Liable If AG’s Environmental Lawsuit Succeeds

Troutman Pepper on

In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more

Robinson+Cole Environmental Law +

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more

Nossaman LLP

EPA Takes Next Step in PFAS Regulations – Proposing Adding Nine PFAS as Hazardous Constituents

Nossaman LLP on

On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery...more

Womble Bond Dickinson

New N.C. Regulatory Proposal Puts Burden of PFAS Clean-Up Costs on Polluters, Not Ratepayers

Womble Bond Dickinson on

PFAS contamination in drinking water is under increasing regulatory scrutiny, not only from the EPA and other federal agencies, but state regulatory bodies across the country. The latest development comes from North Carolina,...more

Brownstein Hyatt Farber Schreck

EPA Delays PFAS CERCLA Designation, Other PFAS Regulatory Efforts on Schedule

The Environmental Protection Agency’s (EPA) Spring 2023 Unified Agenda, released on June 13, 2023, extends EPA’s estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS)—namely...more

BCLP

PFAS Update: Proposed New Legislation Intended to Exempt Certain Industries from PFAS Liability

BCLP on

On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published March 2023

Immigration - Judge Wright of the Central District of California certified a class alleging that U.S. Immigration and Customs Enforcement officers violated the Fourth Amendment’s prohibition on unreasonable searches and...more

Integral Consulting Inc.

Considering Environmental Justice in Natural Resource Damage Assessment - Injury to Recreation Resources

Abstract - Determining the amount of restoration needed to compensate the public for injury to natural resources is central to estimating natural resource damages (NRDs). Formal restoration scaling methods have not...more

(ACOEL) | American College of Environmental...

Cleaning Up Nature: The Swift Creek Conundrum

Swift Creek. The name evokes a clear, fast-moving mountain stream.  The Swift Creek at issue, however, is hardly clear or swift for most of its length.  A massive, mile-long landslide hangs at the head of its southern...more

Gray Reed

Colorado Oil and Gas Survives Another Challenge

Gray Reed on

The Colorado oil and gas industry breathed a collective sigh of relief when the state Supreme Court announced its unanimous decision in Colorado Oil and Gas Conservation Commission v. Martinez. ...more

Seyfarth Shaw LLP

That’s The Last Straw: California Places New Restrictions On Restaurants

Seyfarth Shaw LLP on

On September 20, 2018, California Governor Jerry Brown signed into law AB 1884 and SB 1192, which prohibit certain restaurants from offering plastic straws and restrict the default beverage in kid’s meals to water or milk....more

Troutman Pepper

PFAS to Drive Environmental Enforcement in 2019

Troutman Pepper on

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of manmade chemicals that have been used in various manufacturing processes throughout the past century, have made headlines around the country due to emerging...more

Eversheds Sutherland (US) LLP

Texas grand jury indicts Arkema and company executives over Hurricane Harvey emissions

On August 3, 2018, a grand jury in Houston, Texas, indicted chemical manufacturer Arkema North America, Inc. (Arkema), its CEO and a manager at the manufacturer’s Crosby, Texas, plant on criminal charges for the “reckless...more

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