On March 26, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) gave notice of its selection of several per- and polyfluoroalkyl substances (PFAS) for review and possible...more
On March 17, the U.S. Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking (ANPRM) that puts forth 28 questions directed at manufacturers and formulators of per- and polyfluoroalkyl...more
Climate change and environmental justice are currently dominating the conversation in the environmental legal community, but 2021 promises to be an extremely active year for one of the most challenging environmental issues of...more
The Illinois Environmental Protection Agency (IEPA) released new proposed groundwater quality standards for select per- and polyfluoroalkyl substances (PFAS). The new standards were released as a discussion draft of proposed...more
On July 27, the Michigan Legislature’s Joint Committee on Administrative Rules (JCAR) filed new administrative rules and rule amendments concerning Michigan’s drinking water standards with the Michigan Secretary of State’s...more
The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more
6/3/2020
/ 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
On May 13, nine state attorneys general filed a complaint against the U.S. Environmental Protection Agency (EPA) challenging EPA’s COVID-19 enforcement discretion policy, which we discussed in previous articles here and here....more
On May 7, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-77 (Order), extending the mandatory stay-at-home restrictions for all Michigan residents through May 28. ...more
On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more
5/5/2020
/ Contaminated Properties ,
Coronavirus/COVID-19 ,
Department of Environmental Protection ,
Environmental Assessments ,
Environmental Policies ,
Hazardous Substances ,
Land Developers ,
Land Owners ,
Real Estate Development ,
Relief Measures ,
Site Remediation ,
State and Local Government ,
Superfund ,
Time Extensions
As states across the country continue to grapple with the ongoing COVID-19 pandemic, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-70 (Order), which took effect on May 1 and continues the mandatory stay-at-home...more
The U.S. Department of Justice (DOJ) is quietly taking steps to provide financial relief during the COVID-19 pandemic. In an April 14 model letter, DOJ offered to temporarily suspend its collection of stipulated penalty...more
In the three weeks since the U.S. Environmental Protection Agency (EPA) issued its much-discussed coronavirus (COVID-19) enforcement discretion policy (Policy), governmental and environmental group opposition to the Policy...more
In response to the ongoing COVID-19 pandemic, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-42 (Order), which took effect on April 9 at 11:59 p.m. and extends the mandatory stay-at-home restrictions for all...more
On April 10, the U.S. Environmental Protection Agency’s (EPA’s) Office of Land and Emergency Management (OLEM) and Office of Enforcement and Compliance Assurance (OECA) jointly released a memorandum to all EPA Regional...more
In the wake of Governor Gretchen Whitmer’s Executive Order 2020-21 (Order) mandating stay-at-home restrictions for all Michigan residents in response to the COVID-19 pandemic, companies across the state are trying to...more