[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
California federal judge rejects Trump-era changes that weakened Endangered Species Act Bullet CNBC - July 5 A California federal judge on Tuesday rejected Trump-era changes to the Endangered Species Act that made it harder...more
Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a...more
Given the current demand for downtown properties, borrowers are acquiring contaminated properties like never before. Against this backdrop, lenders should become familiar with the basics of environmental laws imposing...more
The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal...more
The United States Federal District Court (E.D. Louisiana) (“Court”) addressed in a November 5th Order an issue arising out of a federal Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Residents of...more
On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more
As Benesch previously reported, U.S. EPA issued guidance entitled, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program” on March 26, 2020. The memorandum expressed U.S. EPA’s general intention to...more
On April 10, 2020, the U.S. Environmental Protection Agency (EPA) released interim guidance in response to the unprecedented COVID-19 pandemic. This interim guidance was issued for response actions related to cleanup and...more
The United States District Court for the Northern District of California (“Court”) addressed in a November 18th Order a cost recovery action involving cobalt contamination. See Quantum Labs, Inc. v. Maxim Integrated Prods....more
On April 25, 2019, the U.S. Environmental Protection Agency (“EPA”) published its Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS (the “Interim Recommendations”) and received 373 comments...more
The Leading Infrastructure For Tomorrow's America Act (LIFT America Act or the Act), H.R. 2741 – 116th Congress, was introduced by Rep. Frank Pallone Jr. (D-N.J.) on May 15, 2019. The House Committee on Energy and Commerce is...more
Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more
Maine’s Voluntary Response Action Program (VRAP) was enacted in 1993 to encourage the cleanup and redevelopment of Maine’s contaminated properties....more
The United States District Court for the Eastern District of California (“Court”) addressed in a November 16th Memorandum and Order (“Order”) the liability of an individual under certain federal and state environmental...more
A United States District Court (Eastern District of California) (“Court”) addressed in a September 4th opinion the potential liability of an individual under the federal Resource Conservation and Recovery Act (“RCRA”) and...more
A United States District Court (Eastern District of California) addressed in a June 27th decision an issue involving the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) terms “Owner” and...more
The United States Environmental Protection Agency (“EPA”) public noticed in the April 17th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 83 Fed. Reg. 16853. The PPA concerns the Manual...more
Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more
• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a December 22nd report titled: Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and...more
Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner...more
The 9th Circuit United States Court of Appeals (“Court”) in a September 13th opinion considered whether “knowingly storing and disposing of hazardous waste without a Resource Conservation and Recovery Act (“RCRA”) permit” is...more
Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more
Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more
Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more