Co-Author Chacey Schoeppel Wilcox A United States District Court (Indiana) (“Court”) addressed in a July 30th Order issues arising out of the sale of a manufacturing facility for which there was interest in constructing a...more
The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more
The South Coast Air Quality Management District (“South Coast AQMD”) issued an August 27th press release stating that its Hearing Board issued an Order for Abatement (“Order”) for the Chiquita Canyon Landfill (“CCL”). CCL...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality and the City of Camden, Arkansas entered into an August 30th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more
The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more
A California Superior Court judge ruled last week that Sonoma County must do more to ensure responsible groundwater pumping under the state’s Public Trust Doctrine, which holds that rivers, creeks, and other waterways are...more
The Environmental Protection Agency intends to issue a rule updating its Clean Air Act emission standards for new and existing municipal solid waste (MSW) landfills to cut methane and other harmful landfill gas emissions....more
Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more
Climate change threatens to dramatically shrink the amount of water California can deliver over the next 20 years and could significantly reduce supplies available from the State Water Project according to new projections...more
A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v....more
Key Takeaways - What Happened? On May 21, 2024, Minnesota Governor Tim Walz signed the Packaging Waste and Cost Reduction Act (the Act). Minnesota is the fifth state to enact laws implementing packaging EPR rules,...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“ADEQ”) and City of Little Rock Landfill (“LRL”) entered into an April 15th Consent Administrative Order (“CAO”) addressing an alleged...more
The New Hampshire Legislature has passed legislation that would prohibit the disposal of lithium-ion batteries and electronic devices in any solid waste landfill or incinerator in New Hampshire. See House Bill 1386-FN. ...more
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
The Environmental Research & Education Foundation (“EREF”) has released its annual report titled: Analysis of MSW Landfill Tipping Fees – 2023 (“Report”). The Report undertakes the analysis of Municipal Solid Waste...more
Chemical and manufacturing groups sued the federal government on Monday over a landmark drinking water standard that would require cleanup of certain PFAS, so-called forever chemicals, which have been linked to cancer and...more
On May 31, CalRecycle posted a Request for Proposal (RFP) for a Disposal Facility-Based Material Characterization Study pursuant to SB 54. SB 54 was signed into law by Governor Newsom in June 2022. Among other things, SB 54...more
The Nature Conservancy (“TNC”) issued a report titled: Mining the Sun – Transforming Mine Lands and Brownfields into Clean Energy Hubs (“Report”) - The Report focuses on the expanding practice of developing clean...more
On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...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
U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact...more
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...more
As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response,...more
The U.S. Environmental Protection Agency (EPA) today designated two types of per- and polyfluoroalkyl substances (PFAS) that have been used in cookware, carpets, and firefighting foams as hazardous substances, an action...more
New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more