News & Analysis as of

Contaminated Properties Clean Air Act

Vinson & Elkins LLP

EPA Finalizes Revisions to Risk Management Program (RMP) Regulations, with Special Focus on Petroleum and Chemical Manufacturers

Vinson & Elkins LLP on

The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

Downey Brand LLP on

After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

Saul Ewing LLP

Hazardous Substances Emissions Found Not Reportable Under CERCLA: U.S. Steel and Common Sense Prevail at Third Circuit

Saul Ewing LLP on

When a fire, spill or explosion causes pollutants to escape to the environment, responsible parties must quickly grapple with whether and when to report to authorities, which statutes and regulations apply, which agencies to...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About, Part 2

Benesch on

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #5

Allen Matkins on

Trade groups sue California to stop threatened species listing for Western Joshua Tree - Bullet Desert Sun – October 27 - Several trade groups and a high desert town sued in Fresno County Superior Court on October 21 over...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

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

Allen Matkins

California Environmental Law & Policy Update - July 2016 #5

Allen Matkins on

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court's Petition Denial in Clean Air Act Pre-emption Case Reinforces Threat From Common Law Claims

The United States Supreme Court denied a petition for certiorari earlier this month after the Iowa Supreme Court held in June that the plaintiffs' nuisance claims were not pre-empted by the Clean Air Act (CAA) in Freeman v....more

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