News & Analysis as of

Manufacturers Environmental Liability

Saul Ewing LLP

NJDEP Seeks to Extend Environmental Liabilities Statewide on PCB Manufacturers for All New Jersey PCB Contamination

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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

Jenner & Block

TSCA Articles Regulations—U.S. EPA Course Reversal?

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In prepared remarks from U.S. EPA chemicals chief Michael Freedhoff that were presented at the Product Stewardship Society’s annual meeting, Freedhoff clearly articulated an intent by the Agency to reverse course and...more

Cozen O'Connor

Auto Parts Manufacturer Agrees To Pay $4 Million For Contamination Cleanup

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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

Vinson & Elkins LLP

The EPA’s COVID-19 Enforcement Policy—A Reasonable Compromise In Extraordinary Times

Vinson & Elkins LLP on

Smart companies are planning for scenarios under which they might not be able to comply with environmental laws because of COVID-19. The noncompliance might be trivial—failing to keep up certifications because recertification...more

Seyfarth Shaw LLP

Future Enterprises and Environmental Impacts in the Cannabis Industry

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The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more

BCLP

Why Should You Care About PFAS?

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Both Congress and United States Environmental Protection Agency (“USEPA”) are working to address what some call a “PFAS contamination crisis.” Enforcement actions and lawsuits have so far focused on the companies that have...more

Robinson+Cole Manufacturing Law Blog

Environmental Considerations in Corporate Transactions

My partner Bob Melvin and I recently gave a presentation on environmental, health, and safety considerations in mergers and acquisitions. While it would be impossible to cover our entire presentation in a blog post, I thought...more

Robinson+Cole Manufacturing Law Blog

2019 Environmental, Health, and Safety Outlook For Manufacturers

This is the last of our three-part series of predictions for 2019. First Matt provided our thoughts and predictions in the labor/employment arena. Last week, Jeff gave our outlook for corporate compliance and litigation. ...more

Troutman Pepper

PFAS to Drive Environmental Enforcement in 2019

Troutman Pepper on

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of manmade chemicals that have been used in various manufacturing processes throughout the past century, have made headlines around the country due to emerging...more

Robinson+Cole Manufacturing Law Blog

Climate Change Nuisance Lawsuit Dismissed

This week, a California federal court dismissed a lawsuit brought by two cities against a number of large oil companies seeking to force the companies to fund the cities’ climate change adaptation efforts. The Court held...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Assessments: Blog Commonground Discusses Old Soap Factories

The Environmental Due Diligence section of the blog Commonground addresses a variety of issues associated with environmental and/or due diligence assessments of improved and unimproved real properties. A March 9th post...more

WilmerHale

Ninth Circuit Requires US to Pay Defense Contractor Cleanup Costs

WilmerHale on

On October 4, the Ninth Circuit reversed the District Court for the Southern District of California's decision to allocate to a government contractor 100 percent of cleanup costs for hazardous contamination at a manufacturing...more

Hogan Lovells

UK Publishes Draft Legislation Prohibiting the Manufacture and Supply of Cosmetic Products Containing Microbeads

Hogan Lovells on

On 11 September 2017, the UK Department for Environment, Food and Rural Affairs (DEFRA) published draft regulations prohibiting the manufacture and supply of rinse-off personal care products containing microbeads. The draft...more

Williams Mullen

RCRA Corrective Action Liability: Can it be Imposed on a Company that Never Owned or Operated the Facility?

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The North Carolina Court of Appeals recently issued a ruling that will have a significant impact on business transactions involving property subject to a permit or corrective action obligations under the Resource Conservation...more

Latham & Watkins LLP

Pharmaceuticals in The Environment: What will EU Environment Roadmap Mean for Pharmaceuticals?

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On 28 April 2017, the European Commission (the EC) published a “roadmap” on the strategic approach to pharmaceuticals in the environment, particularly in the aquatic environment. Concurrently, the EC launched a 12-week...more

Latham & Watkins LLP

China Increases Focus on Electronic Waste

Latham & Watkins LLP on

As a world leader in the manufacturing of electronic devices, China is beginning to reform its rules and regulations to ensure that the resulting framework is able to keep pace with the rapid developments now taking place in...more

Robinson+Cole Manufacturing Law Blog

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

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

Robinson+Cole Manufacturing Law Blog

What Will 2017 Bring For Manufacturers: Environmental, Health & Safety Edition

This post is the last in our three-part series about what manufacturers can expect in 2017. In my humble opinion, we saved the best for last – Environmental, Health & Safety. Citizen Science - With increasing...more

Robinson+Cole Manufacturing Law Blog

Court Dismisses Public Nuisance Claims Against Monsanto for Manufacture of PCBs

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

Robinson+Cole Manufacturing Law Blog

Aerial Emissions Are Not “Disposal” Under CERCLA

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more

Troutman Pepper

Expect Increased Environmental Regulatory Scrutiny in the Wake of the Flint Water Crisis

Troutman Pepper on

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

Beveridge & Diamond PC

Ninth Circuit Interprets CAFA Exception Narrowly, Facilitating Removal in Environmental Tort Cases

Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called “local event” exception to the Class Action Fairness Act (“CAFA”) and, therefore, had been...more

Beveridge & Diamond PC

Municipalities Lose First Round in Bid to Hold PCB Manufacturers Liable For Environmental Impacts

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Two Massachusetts municipalities are down but not out in their attempts to hold manufacturers of PCBs responsible for the environmental effects of PCB-containing products decades later. ...more

Miller Canfield

MDEQ Seeks Public Comments On Updated Part 201 Cleanup Criteria Rules

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The Michigan Department of Environmental Quality (MDEQ) is seeking public comments on proposed administrative rules updating cleanup criteria under Part 201 of the Natural Resources and Environmental Protection Act, which...more

Davis Wright Tremaine LLP

The United States Allocated 40% of Liability for Contamination Caused by a Contractor’s Manufacturing Operations

A recent decision by a federal court in the Central District of California found the United States liable for 40% of the response costs related to contamination from the manufacture of ammunition and rocket motors for the...more

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