The United States Supreme Court recently decided a case that will create considerable uncertainty for companies involved with cleanups under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,...more
5/11/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more
7/20/2016
/ Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Action ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Owners ,
Mining ,
Permits ,
SCOTUS ,
US Army Corps of Engineers ,
Wetlands
CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION -
The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more
7/20/2016
/ Administrative Procedure Act ,
Air Pollution ,
Chemical Safety for the 21st Century Act ,
Clean Air Act ,
Clean Water Act ,
Comment Period ,
Construction Industry ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Final Action ,
Final Rules ,
Hawkes Co v United States Army Corps of Engineers ,
Jurisdictional Determination (JD) ,
Land-Use Permits ,
Manufacturers ,
MATS ,
Mining ,
Occupational Exposure ,
OSHA ,
Power Plants ,
Proposed Amendments ,
Sackett ,
SCOTUS ,
Shipbuilding ,
Silica ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA) ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed -
The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more
3/17/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
CERCLA ,
Certiorari ,
Chesapeake Bay ,
Clean Water Act ,
Comment Period ,
Damages ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Farm Bureau ,
Groundwater ,
Hawkes Co v United States Army Corps of Engineers ,
Indemnification ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Permits ,
Property Owners ,
Proposed Regulation ,
Real Estate Transfers ,
SCOTUS ,
Superfund ,
Takings Clause ,
TMDL ,
TX Supreme Court ,
US Army Corps of Engineers ,
Vapor Intrusion ,
Volatile Organic Compounds (VOC) ,
Waters of the United States ,
Watershed ,
Wetlands
The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more
2/18/2016
/ CERCLA ,
Clean Power Plan ,
Clean Water Act ,
Duke Energy ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Justice Scalia ,
Order to Stay ,
Permits ,
SCOTUS ,
Storm Water Pollution Prevention Plan ,
US Fish and Wildlife Service ,
Waste Management
The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more
The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.”[1] It’s effective on August 28, 2015, so you need...more
8/26/2015
/ Appeals ,
Chamber of Commerce ,
Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Rapanos v US ,
Real Estate Development ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands