The EPA is facing heavy criticism from Republican lawmakers, states, and industry groups for its “slow response” to the Supreme Court’s Ruling in Sackett v. EPA. After the ruling, which set out parameters for defining “waters...more
The U.S. EPA released a controversial new rule defining regulated “waters of the United States” on January 18, 2023. The Publication began the 60-day clock for critics to challenge the rule in Federal Court. The new Rule is...more
Georgia Pacific is filing a petition with the U.S. Supreme Court seeking to clarify the appropriate application of CERCLA’s statute of limitation to contribution actions. In the underlying case, the U.S. District Court in...more
In a ruling July 15, U.S. District Judge Susan Oki Mollway ordered Maui County to obtain a permit under the Clean Water Act (CWA) consistent with the analysis established by the Supreme Court’s April 2020 ruling that...more
The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up...more
The U.S. Supreme Court is set to issue a decision in a Superfund cost recovery case which could provide clarity on whether non-Superfund settlements can start the clock on Superfund’s contribution claims’ statute of...more