Carbon Capture & Storage: The Race To Net Zero
Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more
The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more
The Arkansas State Senate and House of Representatives have passed legislation (HB1520) which would raise the limit for payment for corrective action per occurrence pursuant to the Arkansas Petroleum Storage Tank Trust Fund...more
The United States Environmental Protection Agency (“EPA”) published a report titled: Semiannual Report of UST Performance Measures - End of Fiscal Yar 2022 (October 1, 2021 – September 30, 2022) (“Report”)...more
It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not...more
The Superior Court of New Jersey, Appellate Division (“Court”) addressed in a January 12th Opinion an issue relating to the environmental remediation of a commercial property. See Sunway Equity, LLC v. Suburban Propane, LP,...more
The United States Environmental Protection Agency (“EPA”) published a February 8th report titled: USTs by the Numbers: How Did You Do? (“Report”) The Report is published twice a year by EPA and provides Underground...more
The Arizona’s First Regular Session of the 55th Legislature has been moving along at a pretty fast and steady pace. A total of 40 bills have already been sent to the Governor’s desk; and 32 of those have been signed into law...more
The United States Court of Appeals for the Tenth Circuit (“Court”) addressed in a November 4th Order and Judgment (“Order”) damage issues caused by an adjacent convenience store (“Store”). See Sonrisa Holding, LLC v. Circle K...more
New California Law to Help Achieve SGMA Requirements - Assembly Bill 658, signed into law last week, creates new temporary diversion permits allowing for excess surface water capture during high-flow events. Permits...more
A September 14th post on the blog Commonground asks if there is a scenario where a Data Gap/Data Failure is considered a recognized environmental condition (“REC”). The blog provides a forum to discuss a variety of issues...more
The North Carolina Department of Environmental Quality (NCDEQ) has issued guidance for remediation of petroleum groundwater contamination from leaking underground storage tanks (USTs). Its North Carolina Petroleum UST Release...more
The District of Columbia Department of Energy and Environment (DOEE) on Oct. 28, 2016, published final rules governing the construction, maintenance and abandonment of wells. The new regulations became effective immediately...more
Environmental and Policy Focus - Shell Oil settles charges regarding claims for underground tank cleanup reimbursements - Sacramento Bee - Sep 23 - Shell Oil Co. has agreed to settle charges that it...more
Illustrating the limits on damages available to North Carolina landowners in toxic tort cases, the North Carolina Court of Appeals upheld a trial court’s order capping damages at the diminution in the value of the...more
In a decision highlighting a practical challenge in pursuing tort claims against some underground storage tank (“UST”) owners and operators, the Michigan Court of Appeals held that a trial court could nix a lawsuit stemming...more
October 11, 2015, marked the deadline by which Governor Brown had to act on legislation submitted to him by the legislature in September. In addition to those bills the Governor signed, we note below legislation that has been...more
California's Proposition 65 is notorious for its duty-to-warn requirement, which states that a business must give a clear and reasonable warning prior to exposing people to certain levels of any listed chemical. The warning...more
NEW REGULATORY DEVELOPMENTS - Federal - Final 2014 Effluent Guidelines Program Plan and 2014 Annual Effluent Guidelines Review Report EPA is announcing the availability of its Final 2014 Effluent Guidelines...more
The cumulative impact of the EPA guidance is to require the generation of more data, which means more sampling and analysis, more frequent and stringent remediation, and potentially higher remediation costs. At long...more
In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion. First, it announced it had submitted a draft rule to the White House OMB seeking to...more