On November 30, 2020, a workgroup within the United States Environmental Protection Agency (EPA) released information about a memorandum to the U.S. EPA Regional Administrators summarizing an Interim Strategy for Per- and...more
Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more
8/6/2020
/ Administrative Consent Order (ACO) ,
Clean Water Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Claims ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Federal v State Law Application ,
Federalism ,
Justice Manual ,
Policy Memorandums ,
Regulatory Requirements ,
Regulatory Violations ,
Settlement Agreements
Today, the Supreme Court of the United States released the much-anticipated opinion that had the potential to turn the entire Superfund Program on its head. The Court resolved the lingering question regarding whether parties...more
EPA issues enforcement discretion policy during COVID-19 crisis -
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued guidance on how it will exercise its enforcement discretion in light of the COVID-19...more
The COVID-19 pandemic has the potential for impacting prospective purchasers of real estate from performing due diligence. The Bona Fide Prospective Purchaser (BFPP), the Innocent Landowner (ILO), and the Contiguous Property...more
In the wake of COVID-19, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued two guidance documents recognizing the paramount importance of oil and gas in responding to the crisis while allowing...more
On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more
3/4/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Common Law Claims ,
Conflicts of Laws ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Federal v State Law Application ,
Groundwater ,
Hazardous Substances ,
Hazardous Waste ,
Land Owners ,
MT Supreme Court ,
Potentially Responsible Party (PRP) ,
Preemption ,
SCOTUS ,
Site Remediation ,
Soil ,
State Law Claims