News & Analysis as of

Citizen Suits Comprehensive Environmental Response, Compensation and Liability Act

Foley Hoag LLP - Environmental Law

Our Environmental Statutes Are Broken

Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more

Foley Hoag LLP - Environmental Law

The Battle Over PFAS Continues to Heat Up. The Assessment of Costs and Benefits Remains Undone.

Last month, EPA issued interim health advisories for PFOA and PFOS that took many people’s breath away.  It is rather amazing how quickly we’ve moved from parts per billion past parts per trillion to the low parts per...more

Beveridge & Diamond PC

Top 10 Questions to Consider If Sued Under RCRA’s Citizen Suit Provisions

Beveridge & Diamond PC on

No longer only a tool of public interest groups, an ever expanding group of plaintiffs – including commercial plaintiffs – are using the citizen suit provision of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C....more

Pillsbury - Gravel2Gavel Construction & Real...

More Than Chickens, Lizards and Polar Bears – Environmental Case Law Update (Dec. 2015 – Mar. 2016)

This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016. U.S. SUPREME COURT - FERC Final Rule re...more

BakerHostetler

Seventh Circuit Opens the Door for Judicial Review of Citizen Suits Challenging Completed Portions of Ongoing CERCLA Cleanups

BakerHostetler on

The Seventh Circuit Court of Appeals has opened the door for judicial review of CERCLA citizen suits challenging the completed portions of some cleanup actions even when cleanup at the site is ongoing. The case is Frey v....more

Foley Hoag LLP - Environmental Law

Which Is Worse? EPA Oversight or Citizen Oversight?

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA’s oversight cost claims. We all know that oversight costs can end up as an appreciable percentage of total...more

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