In furtherance of the U.S. Environmental Protection Agency’s PFAS Strategic Roadmap, which our firm has written about frequently, the EPA released an updated guide on destroying and disposing of PFAS....more
On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more
The U.S. Environmental Protection Agency (EPA) said on Thursday that it is delaying planned rules to curb emissions from existing natural gas plants. The agency said it is still on track to finalize rules for coal-fired power...more
Macy’s has been ordered to pay $1.6 million for environmental violations across its 98 California stores to settle a lawsuit filed by district attorneys from 25 California counties and two city attorneys. Macy’s “illegally...more
A 2022 Interagency Sea Level Rise Technical Report, authored by various governmental agencies, found that global mean sea levels could rise between one and seven feet by 2100. This would me significant impacts to the more...more
For the New York State Department of Environmental Conservation (“NYSDEC” or “Department”), discretion has been the better part of valor when considering enforcement of certain provisions of the Revised Part 360 Solid Waste...more
I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more
On December 18, 2020, EPA released for public comment its new Interim Guidance on Destroying and Disposing of Certain PFAS and PFAS-Containing Materials That Are Not Consumer Products (available here). Specifically, the new...more
The Court of Appeals of North Carolina (“Court”) addressed in a January 7th opinion a Resource Conservation and Recovery Act (“RCRA”) closure issue. See State ex. rel. Regan v. Wasco, LLC, No. COA19-355, 2020 WL 63913 (N.C....more
A United States District Court (E.D. Louisiana) (“Court”) addressed in a March 11th Order an affirmative defense raised in opposition to a Resource Conservation and Recovery Act (“RCRA”) citizen suit enforcement action. See...more
The California Attorney General and 24 local government attorneys entered into a settlement with Target Corporation (“Target”) addressing alleged violation of laws associated with the disposal of retail hazardous waste. ...more
In three recent decisions, the U.S. Courts of Appeal for the Fourth Circuit and Sixth Circuit have signaled the courts’ refusal to allow environmental plaintiffs to use the federal Clean Water Act to address coal ash...more
The United States Environmental Protection Agency (“EPA”) published an August 22nd Federal Register Act notice granting a petition to exclude (“delist”) hazardous waste generated by a particular facility from the Resource...more
The State of Vermont (by and through the Vermont Attorney General) (“Vermont”) and Moretown Landfill, Inc. (“MLI”) entered into a Consent Order and Final Judgment Order (“Consent Order”) addressing alleged violations...more
I undertook a presentation at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste/Recycling Developments: 2017-2018 (“Presentation”) ...more
Municipal solid waste (MSW) landfills receive non-hazardous waste from residential properties, commercial businesses, and institutions. When MSW is placed in a lined landfill and covered, it decomposes and emits a gas into...more
A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more
Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more
The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 1311, was promulgated by EPA pursuant to the Resource Conservation and Recovery Act to test and determine the potential leaching rate of disposed hazardous...more
Environmental and Policy Focus - Ground broken on controversial California bullet train project - Los Angeles Times - Jan 8: On Tuesday, Governor Jerry Brown and other California leaders launched the state’s...more