News & Analysis as of

Contamination Environmental Protection Agency

Illinois Enacts Law Requiring Schools to Lead Test Their Water Supply

by Franczek Radelet P.C. on

Earlier this week, Governor Bruce Rauner signed a new law requiring Illinois elementary schools and day care centers to test their drinking water sources for lead contamination and notify parents of the results of that...more

Vapor Intrusion: EPA is Sharpening Its Focus

by PretiFlaherty on

On December 8, 2016, the U.S. Environmental Protection Agency (EPA) announced that the ranking system designed to assess potential Superfund sites will now include evaluation criteria related to contamination threats posed by...more

Environmental Notes - November 2016

by Williams Mullen on

EPA has revised its procedures for making certain changes to its “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846. The test method and its compendium of guidance documents provide...more

EPA Plays Defense in Mine Disaster

by Williams Mullen on

EPA finds itself in unfamiliar territory as the agency defends its involvement in a multi-state environmental disaster. In 2015, a contractor acting under EPA’s supervision used an excavator to dig away tons of rock and...more

ICYMI: Energy & Environmental News Round-Up

Oil & Gas - Lease Does Not Preclude Noise and Light Nuisance Suit from Reaching Jury - On Friday, October 14, 2016, the U.S. District Court for the Middle District of Pennsylvania allowed a Northeast Pennsylvania...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Releases TRI Preliminary Dataset For Calendar Year 2015: On July 20, 2016, the U.S. Environmental Protection Agency (EPA) announced the availability of the Toxics Release Inventory (TRI)...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

by Morrison & Foerster LLP on

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado

by Snell & Wilmer on

While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”)...more

Wyoming Federal Court Strikes Down BLM Fracking Rule

by Gray Reed & McGraw on

U.S. District Court Judge Scott Skavdahl in State of Wyoming et al v. U.S. Department if Interior et al. struck down Bureau of Land Management regulations applying to hydraulic fracking on federal and Indian lands. He...more

Murky Waters Following the Gold King Mine Spill

by Snell & Wilmer on

In the wake of actions taken on August 5, 2015 by contractors for the United States Environmental Protection Agency (EPA) that resulted in the Gold King Mine Spill, western states that rely on water from the Animas River, the...more

Environmental and Energy and Toxic Tort and Environmental Litigation: Do You Operate a Public Water Supply? Why You Need to Know...

Drinking water quality and water contamination are now high-profile topics of concern, with the discovery of unexpected contaminants in "public" water supplies across the country. Providers of "public water" are obligated to...more

We Are Just Getting Started: EPA Issues Much Anticipated Cleanup Plan for the Lower 8.3 Miles of the Lower Passaic River

by Cole Schotz on

The United States Environmental Protection Agency (“EPA”) recently issued the Record of Decision (“ROD”) for the lower 8.3 miles of the Lower Passaic River, which sets forth EPA’s $1.38 billion remedy. Potentially Responsible...more

EPA and Municipalities Respond to Increased Concerns About Lead in Drinking Water

by McGuireWoods LLP on

Since the public discovery of widespread lead contamination of drinking water in Flint, Michigan, there has been increased scrutiny on the status of drinking water regulation and aging water infrastructure. While the crisis...more

Drinking Water Contamination in Flint and Other Communities Reveals Much More Extensive Problems

by Burr & Forman on

Flint, Michigan’s problems with lead in its drinking water have been well documented, and this has prompted reports of similar problems detected in other communities, even though these are apparently not as extensive as the...more

Proposed Rule Adding Vapor Intrusion Component to Hazard Ranking System Published in the Federal Register Today

Yesterday the U.S. Environmental Protection Agency published a proposed rule in the Federal Register which would add a vapor intrusion component to the Hazard Ranking System, the system EPA uses to evaluate sites for...more

Pennsylvania Appeals Court Rejects Contamination Claim for Lack of Causation

by Beveridge & Diamond PC on

Demonstrating the importance of expert causation evidence, a Pennsylvania appellate court refused a landowner’s request to reopen a case alleging chemicals from a natural gas drilling operation contaminated the landowner’s...more

California Environmental Law & Policy Update - January 2016 #3

by Allen Matkins on

Environmental and Policy Focus - SoCal Gas Co. expects to cap Porter Ranch gas leak ahead of schedule - CBS Los Angeles - Jan 19 An ongoing natural gas leak that has affected residents in the Porter Ranch-area...more

New Mexico Files RCRA Notice of Intent to Sue EPA

by Snell & Wilmer on

On January 14th, the State of New Mexico provided the legally required notice under the Federal Resource Conservation and Recovery Act (RCRA) to sue the United States Environmental Protection Agency (EPA), the State of...more

JOIN THE CLUB: EPA Sizing Up Hackensack River for Superfund Listing

by Cole Schotz on

The Hackensack River may be joining the likes of the Passaic River, the Hudson River, Gowanus Canal, Newtown Creek, Fox River, the Eighteen Mile Creek, and other waterways that have been placed on the Superfund National...more

California Environmental Law & Policy Update - August 2015 #3

by Allen Matkins on

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

EPA Issues Long-Delayed Guidance for Assessing and Mitigating Vapor Intrusion Risks at Contaminated Sites

by King & Spalding on

On June 11, 2015, the United States Environmental Protection Agency released long-delayed final guidance for evaluating and mitigating risks at sites where vapor intrusion is an actual or potential concern. The final guidance...more

Letter Urges Oil & Gas Wastewater Well Shut-Ins due to Risk of Groundwater Contamination; Regulators Stick to Rulemaking

by Stoel Rives LLP on

On March 20, Senator Fran Pavley (D-Agoura Hills) wrote a letter to Governor Jerry Brown requesting that his administration immediately shut down approximately 2,500 underground injection wells. The letter was signed by...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

by Pierce Atwood LLP on

NEW REGULATORY DEVELOPMENTS - Federal - - Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328 - - In connection with its proposed rule regarding the definition of...more

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

by Burr & Forman on

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

Texas Supreme Court to Hear Defamation Case Involving Fracking Claims

by BakerHostetler on

On August 21, 2014, the Texas Supreme Court agreed to hear oral arguments in an ongoing dispute between a homeowner and Texas-based oil driller Range Resources Corp. The case is not a typical homeowner vs. oil driller...more

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