On October 19, Ohio Attorney General (AG) Dave Yost filed a joint motion to enter into a consent order with two Columbus, OH properties, Garrison Southfield Park, LLC, and Olymbec USA LLC, settling claims that Garrison and...more
In Parseghian v. Frequency Therapeutics, Inc., the Delaware Court of Chancery dismissed a complaint for failure to state a claim as to Count II, which alleged that defendant Lucchino (the CEO of Frequency Therapeutics)...more
EDITOR’S NOTE: Earlier versions of this alert did not include EPA’s April 10, 2020, guidance and its effect on field work performed at cleanup sites. This version has been updated to reflect EPA’s most recent guidance and the...more
On Friday, April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued interim guidance regarding when cleanup activities should be continued, reduced, or suspended in light of the COVID-19 pandemic....more
Pennsylvania’s Environmental Quality Board (EQB) proposed an amendment to Act 2, Pennsylvania's Brownfield and voluntary cleanup program. ...more
Focus - New EPA policy would offer alternative to penalties for some oil and gas polluters - The Hill - January 29 - The U.S. Environmental Protection Agency (EPA) will soon unveil a finalized audit policy that will offer...more
Focus - Santa Clara Valley Water District files suit challenging state plan to divert water for fish - THE MERCURY NEWS - Jan 14 The Santa Clara Valley Water District (District) has filed a lawsuit to block the State...more
Focus - Supreme Court deals final blow to lead paint manufacturers' years-long effort to avoid cleanup costs - LOS ANGELES TIMES - Oct 15 The U.S. Supreme Court on Monday refused to review California state court rulings...more
Focus - Trump administration to freeze fuel-efficiency requirements in move likely to spur legal battle with states - THE WASHINGTON POST - Aug 2 The National Highway Traffic Safety Administration and the U.S....more
Focus - California moves closer to setting water caps for urban districts - LOS ANGELES TIMES - May 18 California cities and towns may find themselves on a water budget in the next decade under a pair of bills approved...more
Focus - MWD might foot the bill for Delta tunnels project — with no promise of reimbursement - LOS ANGELES TIMES - Mar 28 Southern California's biggest water agency, Metropolitan Water District of Southern California...more
The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions....more
The proposed reforms seek to accelerate cleanup and reuse of sites to reduce risks, reduce costs, and hasten redevelopment....more
Last week, the California State Water Resources Control Board (State Water Board) announced that it permanently banned 100 of Shell Oil Company’s underground storage tank (UST) claims from the California UST Cleanup Fund...more
Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more
Environmental and Policy Focus - Justices suggest support for landowners in wetlands case - Bloomberg - Mar 30 - U.S. Supreme Court justices across the ideological spectrum signaled in oral argument this week...more
Boston Colleges Take Brownfields Tax Credit Fight to Court - Three Boston-area colleges sued the Massachusetts Department of Revenue in August claiming that “clarifying” changes made to the Massachusetts Brownfields Tax...more
Two weeks ago the United States Court of Appeals, Federal Circuit re-opened the door to recovery of Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") cleanup costs under contractual provisions...more
Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA. The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance that addresses...more