Wiley Veterans in Law: Hard-Hitting Reflections on Service, Challenges, and Advocacy
Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
PFAS: Increasing Regulations and Managing Legal Liability
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
Protecting Against Environmental Risks
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
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
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
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
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
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
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
PFAS contamination in drinking water is under increasing regulatory scrutiny, not only from the EPA and other federal agencies, but state regulatory bodies across the country. The latest development comes from North Carolina,...more
The Environmental Protection Agency’s (EPA) Spring 2023 Unified Agenda, released on June 13, 2023, extends EPA’s estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS)—namely...more
On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more
On August 26, the EPA published a proposed rule that would designate PFOS and PFOA chemicals as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act...more
On August 4, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) filed suit against Monsanto Co., Pharmacia LLC and Solutia, Inc., seeking to hold them liable for PCB contamination throughout New Jersey....more
In recent years, there has been no shortage of articles and conferences on the coming wave of PFAS litigation, and with good reason. Heightened scrutiny and tightening regulation by USEPA, the ever-growing AFFF MDL, and the...more
Regulations continue to increase for "forever chemicals" classified as PFAS. Procopio Environmental Law group leader John Lormon and other knowledgeable speakers discuss current and pending regulations in California and the...more
The United States Court of Appeals for the Seventh Circuit (“Court”) addressed in a March 31st Opinion the indemnification provision of an Asset Purchase Agreement (“APA”) involving contamination that was identified...more
New York AG Letitia James and the New York State Department of Environmental Conservation (“DEC”) reached a settlement with auto parts manufacturer American Axle & Manufacturing, Inc. (“American Axle”) to resolve allegations...more
In recent years, Wisconsin generally has been a pro-policyholder jurisdiction when it comes to long-tail environmental coverage cases. That trend continues with a decision by a Wisconsin appellate court in a case involving...more
On August 3, 2018, a grand jury in Houston, Texas, indicted chemical manufacturer Arkema North America, Inc. (Arkema), its CEO and a manager at the manufacturer’s Crosby, Texas, plant on criminal charges for the “reckless...more
Illinois Attorney General Lisa Madigan announced in a news release that her office filed two lawsuits against the owner of two LaSalle County, Illinois, clean construction or debris demolition (“CCDD”) facilities. The...more
The latest ruling in the long-running environmental insurance case, Olin Corporation v. Lamorak Ins. Co., was released on April 18, 2018, by Judge Rakoff of the U.S. District Court of the Northern District of New York. Judge...more
Foreign clients investing in the U.S. know there are risks of litigation and conflict that they might not anticipate when conducting business at home. One area, however, that is usually a particularly rude surprise are the...more
Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more
Last week, a federal court dismissed claims brought by three California cities against Monsanto that were aimed at forcing Monsanto to pay for polychlorinated biphenyl (“PCB”) contamination in San Francisco Bay. The...more
Several years ago, we assisted a lender who foreclosed on rural residential property and then discovered that vandals had removed metal pipes from the basement of the house. That was bad enough, but the removed piping had...more
Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more
The regulated community should plan for an increased level of agency oversight, inspection and enforcement and increased public involvement. Although there has been much finger pointing as to which party or parties may...more