News & Analysis as of

Superfund

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

U.S. House of Representatives Appropriation Committee: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted testimony to the United States House Appropriations Subcommittee on Interior, Environment, and Other Related Agencies. The...more

Bergeson & Campbell, P.C.

Petitions Filed to Add Chemicals to List of Chemical Substances Subject to Superfund Excise Tax

On April 2 and April 3, 2025, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances...more

Pillsbury Winthrop Shaw Pittman LLP

The Battle Over Climate Superfund Laws: Legal Challenges in Vermont and New York

States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more

Wenning Environmental

Will damage, impact, and risk assessment get “DOGE’d”?

Wenning Environmental on

President Trump’s January 31, 2025, executive order (EO), Unleashing Prosperity Through Deregulation, and the White House Council on Environmental Quality (CEQ) February 25 interim final rule removing CEQ regulations...more

Allen Matkins

California Environmental Law & Policy Update 3.21.25

Allen Matkins on

President Donald Trump’s Department of Government Efficiency (DOGE) plans to terminate lease contracts at nearly two dozen California offices relating to science, agriculture, and the environment, according to its federal...more

Fox Rothschild LLP

ESG Essentials: What You Need To Know Now - Episode 18 - The Reshaping of ESG & DEI

Fox Rothschild LLP on

From executive orders to state laws, elements of ESG are being transformed. Podcast hosts David Colvin and Karen Davis, who also co-chair the firm’s ESG Practice Group, explore the impact of the New York Climate Change...more

Foley Hoag LLP - Environmental Law

New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges

We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more

Troutman Pepper Locke

22 AGs Challenge New York’s Climate Superfund Law

Troutman Pepper Locke on

A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...more

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

Improved Procedures for Facility/Site Transfers Between RCRA Hazardous Waste Cleanup/CERCLA Cleanup Activities: U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a December 19, 2024 Resource Conservation Recovery Act (“RCRA”) guidance document titled: Improved Procedures for Facility/Site Transfers Between RCRA Hazardous...more

Jenner & Block

Client Alert: New York Ushers in New Era of Climate Liability and Litigation with the Climate Change Superfund Act

Jenner & Block on

On February 6, 2025, twenty-two states and four energy industry organizations and businesses filed a lawsuit challenging New York’s “climate superfund” law. This law, signed on December 26, 2024 by New York Governor Kathy...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

Cozen O'Connor

New York Climate Superfund Law Faces Heated Opposition from Republican AGs

Cozen O'Connor on

A group of 22 Republican AGs, along with several coal, oil, and gas companies and industry trade associations, sued New York over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in...more

Fox Rothschild LLP

New York’s Climate Change Superfund Act: What You Need to Know

Fox Rothschild LLP on

On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation

Vinson & Elkins LLP on

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

Foley Hoag LLP - Environmental Law

New York’s Climate Superfund Act Forces Polluters to Fund State Climate Adaptation Projects

With the incoming Trump administration poised for an attack on federal environmental regulations, states are quickly emerging with actions on climate change. On December 26, 2024, New York Governor Kathy Hochul signed into...more

Jones Day

New York Enacts Climate Change Law That Fines Companies for Historical Emissions

Jones Day on

On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....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

ArentFox Schiff

Four Takeaways From New York’s New ‘Climate Superfund’ Law

ArentFox Schiff on

State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion...more

Baker Botts L.L.P.

Energy Updates – December 27, 2024

Baker Botts L.L.P. on

Clean Energy Meets Market Turbulence: A Week of Transformation. China’s EV Milestone: China will hit its 2035 EV sales target by 2025, a decade early—signaling the rapid end of the traditional ICE cars, at least in China. New...more

Robinson+Cole Environmental Law +

Court Approves EPA Settlement with 82 Passaic River Potentially Responsible Parties

The Diamond Alkali Superfund site in Newark, New Jersey, which includes the 17-mile Lower Passaic River Study Area, may be one of the country’s most expensive and hotly contested Superfund Sites. The remedy for the...more

Bergeson & Campbell, P.C.

Petitions Filed to Add Several Chemicals to List of Taxable Substances; Comments Due January 28, 2025

On November 29, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

McGlinchey Stafford

Potential Impacts on EPA Superfund Program During Trump’s Second Term

McGlinchey Stafford on

The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald...more

Allen Matkins

California Environmental Law & Policy Update 10.11.24

Allen Matkins on

At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more

Allen Matkins

California Environmental Law & Policy Update 9.6.24

Allen Matkins on

The Centers for Disease Control and Prevention will lead an investigation into the Tijuana-U.S. cross-border sewage crisis, measuring the potential health impacts on people who live and work near where millions of gallons of...more

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