Mondaq USA: Environment
Jones Day
In addition, the CJEU considered that the excess emission penalty may not be modified by national courts on the basis of the principle of proportionality.
Holland & Knight
The District Department of the Environment recently announced proposed increases to its fees established under the new Stormwater Management, Soil Erosion, and Sediment Control Regulations.
Reed Smith
On October 8, 2014, the California Air Resources Board (CARB) issued a preliminary determination invalidating more than 230,000 offset credits on grounds that an Arkansas-based chlorofluorocarbons (CFCs) incinerator was not in compliance with federal environmental laws at the time when CARB issued the offset credits to that facility.
Womble Carlyle
The 550-mile Atlantic Coast Pipeline that is projected to run through the heart of Central Virginia has generated much political controversy and is now the subject of a new federal lawsuit.
Morrison & Foerster LLP
With the 2014 holiday season fast approaching, businesses should not lose sight of what the Proposition 65 "bounty hunter" plaintiffs’ lawyers are eagerly awaiting.
Jones Day
The EPA proposed to prohibit excess emissions during periods of startup, shutdown, or malfunction in State Implementation Plans under the Clean Air Act.
Foley Hoag LLP
Opponents of EPA’s Clean Power Plan have not been willing to wait until a final rule has been promulgated before challenging EPA’s authority.
Foley Hoag LLP
Last year, the D.C. Circuit Court of Appeals ruled that EPA has authority to withdraw its approval for the specification of sites for the disposal of fill material...
Foley Hoag LLP
The last frontier of citizen climate litigation has been state-based litigation alleging that states have a public trust obligation to mitigate climate change.
Venable LLP
Governor Andrew M. Cuomo signed into law the Community Risk and Resiliency Act (the Resiliency Act or Act) on September 22, 2014 in conjunction with Manhattan's Climate Week 2014.
BakerHostetler
The U.S. shale boom has generated a boom in a related industry: "frac sand." Sand has become an integral component of hydraulic fracturing.
BakerHostetler
On September 30, 2014, the United States District Court for the District of Arizona (Campbell, D.J.) issued an order in Yount v. Salazar, Nos. 11-8171 et al., 2014 WL 4904423 (D. Ariz. Sept. 30, 2014). As part of this order, the court determined that certain business plaintiffs’ alleged injuries did not fall within the "zone of interests" of the National Environmental Policy Act ("NEPA"), drawing in part on a recent Supreme Court opinion clarifying the zone-of-interests doctrine.
Foley Hoag LLP
In Burlington Northern in 2008, the US Supreme Court ruled that Superfund liability could be apportioned whenever there was a reasonable basis for showing that the harm was divisible.
BakerHostetler
Last week, the United States District Court for the Middle District of Florida determined that a group of plaintiffs could bring a claim against the U.S. National Park Service challenging actions that were characterized by the Park Service as not ripe for judicial review.
The McLane Law Firm
Although Phase I Environmental Site Assessments are relatively inexpensive, the liability consequences of an error in performing or interpreting one can be extreme.
Morrison & Foerster LLP
Earlier this year, California's Office of Environmental Health Hazard Assessment released a "pre-regulatory" proposal to revise its regulations on "clear and reasonable warnings."
Milbank, Tweed, Hadley & McCloy LLP
On July 31, the U.S. Fish and Wildlife Service issued the first ever eagle take permit; it may be a sign of things to come.
Foley Hoag LLP
In an important decision yesterday, Judge Douglas Woodlock of the District of Massachusetts confirmed that CERCLA preempts local cleanup bylaws.
Foley Hoag LLP
The Science Advisory Board has now provided its advice to EPA and the ACOE concerning their proposed rule clarifying the definition of "waters of the United States" under the Clean Water Act.
Foley & Lardner
Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program.
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BakerHostetler
While the Deepwater Horizon oil spill has largely disappeared from the news headlines, the parties involved in the litigation have a long way still to go.
McGuireWoods LLP
North Carolina has enacted the country’s first comprehensive coal ash management law following the coal ash release earlier this year from Duke Energy’s Dan River plant.
McDermott Will & Emery
Cruise ships, tankers and other large ocean-going vessels entering coastal waters near Puerto Rico and the US Virgin Islands face a new regulatory challenge.
Anderson Kill
It is axiomatic that traditional insurance policies cannot be purchased to cover losses known to exist.
The McLane Law Firm
Although Phase I Environmental Site Assessments are relatively inexpensive, the liability consequences of an error in performing or interpreting one can be extreme.
Jones Day
The EPA proposed to prohibit excess emissions during periods of startup, shutdown, or malfunction in State Implementation Plans under the Clean Air Act.
McGuireWoods LLP
As the year begins to unfold, a number of longstanding water issues, such as numeric nutrient standards, rules regarding the Clean Water Act’s jurisdiction and cooling water intakes, and effluent limitation guidelines for coal-fired power plants, remain in the forefront.
BakerHostetler
The U.S. shale boom has generated a boom in a related industry: "frac sand." Sand has become an integral component of hydraulic fracturing.
Holland & Knight
On November 6, 2013, ASTM International (ASTM) published a new Standard Practice for Phase I Environmental Site Assessments, known as ASTM E1527-13.
WilmerHale
The US Environmental Protection Agency (EPA) yesterday released its final rule on cooling water intake structures for existing power plants, refineries and factories.
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