News & Analysis as of

Environmental Litigation Hazardous Waste Environmental Protection Agency (EPA)

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

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

Superfund/CERCLA: Federal Appellate Court Addresses Allocation of Cleanup Costs

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a January 31st Opinion a dispute between two Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund or...more

Farella Braun + Martel LLP

Summary of Latest Federal Action Regarding PFAS

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more

Perkins Coie

Beyond Cradle to Grave: EPA Proposes to Regulate PFAS “Forever Chemicals” Under RCRA

Perkins Coie on

In response to a petition from New Mexico Governor Michelle Lujan Grisham, the U.S. Environmental Protection Agency announced on October 26, 2021, that it will take steps toward regulating per- and polyfluoroalkyl substances...more

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

Foley Hoag LLP - Environmental Law

I Love It When SCOTUS Reminds Me How Clear and Unambiguous CERCLA Is

Yesterday, the Supreme Court ruled that only settlements that explicitly resolve liability under CERCLA trigger the contribution provisions of section 113 of CERCLA. I have previously commented on the Court’s tendency to...more

Lowenstein Sandler LLP

Second Circuit Clarifies Trigger Date For CERCLA Cost Recovery Statute Of Limitations

On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more

Snell & Wilmer

Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

Snell & Wilmer on

The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more

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

U.S. EPA Environmental Appeals Board: Vickery, Ohio Hazardous Waste TSD Facility Challenges Certain Permit Conditions

Vickery Environmental, Inc. (“Vickery”) filed an October 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions...more

Williams Mullen

The Fate of the CCR Rule “is” Still in Dispute

Williams Mullen on

In May of last year, Environmental Notes reported on the many petitions that had been filed challenging EPA’s 2015 promulgation of a final waste management rule addressing the management and disposal of coal combustion...more

Jackson Walker

Environmental Groups File Suit Seeking Revision of E&P Waste Regulations

Jackson Walker on

On May 4, 2016, the Environmental Integrity Project (EIP), National Resources Defense Council (NRDC); Earthworks; Center for Health, Environment and Justice; and three other environmental groups (hereinafter collectively...more

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