News & Analysis as of

Environmental Liability

Dunlap Bennett & Ludwig PLLC

Opportunities In Distressed M&A: A Guide For Buyers

Distressed mergers and acquisitions (M&A) involve companies in financial or operational distress, potentially on the brink of insolvency or already grappling with significant debt burdens. These transactions are typically...more

Verrill

Better Communication Among Regulators and the Regulated Can Improve Outcomes for Wastewater Permittees

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As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...more

Bennett Jones LLP

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends...

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In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of...more

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

Goldberg Segalla

[Webinar] Environmental Inquiries and Inspections: Be Prepared to Respond - May 2nd, 12:00 pm - 1:00 pm EDT

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Whether it’s the Environmental Protection Agency, OSHA, or a state environmental regulator, facing an information request or site inspection can be unnerving. Join Goldberg Segalla partner Sarah B. Mangelsdorf as she reviews...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Bennett Jones LLP

Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

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This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...more

Bergeson & Campbell, P.C.

Minnesota Publishes New Information Concerning PFAS in Products

The Minnesota Pollution Control Agency (MPCA) announced on March 26, 2024, that it has published new information concerning per- and polyfluoroalkyl substances (PFAS) in products. This information includes...more

Clark Hill PLC

EPA Changes Requirements For Bona Fide Prospective Purchaser To Conform With Updated ASTM E1527-21 Standard

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Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., as a strict liability statute holding owners in the chain of title liable...more

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

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The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more

Troutman Pepper

North Carolina Court Rules Predecessor Company Liable If AG’s Environmental Lawsuit Succeeds

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In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more

Robinson+Cole Environmental Law +

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more

Latham & Watkins LLP

New Zealand Supreme Court Paves Way for Novel Climate Change Claim

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On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. On 7 February 2024, the Supreme...more

Nossaman LLP

EPA Takes Next Step in PFAS Regulations – Proposing Adding Nine PFAS as Hazardous Constituents

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On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery...more

Latham & Watkins LLP

French Court Reaches Precedent Decision on the Duty of Vigilance Law

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The Paris Judicial Court handed down the first ruling on the legal compliance of a vigilance plan. On 15 January 2024, the Paris Court of Appeal announced the creation of a chamber dedicated to emerging litigation, in...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, December 2023 - Volume 8, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Morgan Lewis

What to Know About Environmental Liabilities in Bankruptcy

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One of the primary goals of bankruptcy law is to provide debtors with a fresh start by imposing an automatic stay and allowing for claims of reorganizing debtors to be discharged. In environmental law, a primary goal is to...more

Greenberg Glusker LLP

[Webinar] Environmental NOVs: Decode, Respond, and Prevail - January 25th, 10:00 am - 11:00 am PST

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This webinar will delve into environmental Notices of Violation (NOVs) issued by government agencies, private entities, and citizen groups. - Explore the various NOV categories - Gain insights into NOV interpretation ...more

Nossaman LLP

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

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On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Nossaman LLP

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

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On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

Bennett Jones LLP

Key Regulatory Considerations for RNG Projects in Alberta

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A key component to the success of any RNG project is ensuring there is a regulatory plan established at the outset. Industrial Approval - While Alberta does not currently have a legislative framework that is specific...more

Integral Consulting Inc.

Successor Liability Involving Environmental Cleanup Costs

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What You Think Won’t Be an Issue Might Be – Don’t Wait to Assess Environmental Liabilities - Total commercial real estate transactions in 2022 were valued at approximately $1.14 billion. As events of environmental...more

Brownstein Hyatt Farber Schreck

Buying Property? Make Sure Your Phase I ESA Is Worth the Paper It’s Printed On

Imagine it’s August 2024 and you just got the dreaded news from a colleague that a government agency suspects that there are hazardous substances on a new property your company just bought. Even worse, your colleague just...more

Holland & Knight LLP

Congreso de Colombia sanciona ley de pasivos ambientales

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La Ley No. 2327 "por medio de la cual se establece la definición de pasivo ambiental, se fijan lineamientos para su gestión y se dictan otras disposiciones", fue sancionada el 13 de septiembre de 2023 en Colombia....more

BCLP

Município de Mariana v BHP Group: the English High Court casts its jurisdictional net wider in the Fundão Dam class action...

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In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should...more

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