News & Analysis as of

Department of Justice (DOJ) Comprehensive Environmental Response, Compensation and Liability Act

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Xenia, Ohio Food Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Bob Evans Farms, Inc. entered into a June 6th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive Environmental...more

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

Foley Hoag LLP - Environmental Law

How Brown is Brown Enough? An Update on the IRA ITC Adder for Brownfield Sites

It is now almost 18 months since Congress enacted the Inflation Reduction Act. One of the IRA’s provisions was an adder to the ITC for renewable energy projects located in an “energy community”. One way to be in an energy...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Kelley Drye & Warren LLP

Telecommunications Companies Face Potential Government Investigations Related to Lead-Sheathed Cables

Concerns about potential widespread lead contamination of residential neighborhoods, schools and drinking water supplies from lead sheathing in telecommunications wires, fueled by a series of recent articles in the Wall...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and McArthur, Ohio, Explosive Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Austin Powder Company (“APC”) entered into a June 8th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Comprehensive Environmental...more

Williams Mullen

Environmental Notes - April 2023

Williams Mullen on

EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more

Mintz

The DOJ tells the multi-district PFAS litigation Judge what we all already knew -- naming any PFAS "hazardous substances" is a...

Mintz on

For years almost 2000 plaintiffs have been litigating in Federal Court in South Carolina against dozens of manufacturers and distributors of fire-fighting aqueous film-forming foams (AFFFs) that contain perfluorooctanoic acid...more

ArentFox Schiff

Environmental Justice Update: Chicago Forcing Facility Relocation to Environmental Justice Area Puts Federal HUD Funding at Issue

ArentFox Schiff on

Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws - to address...more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA/Superfund Cost Recovery: U.S. Environmental Protection Agency and Seven Potentially Responsible Parties Enter into Consent...

The United States Department of Justice (“DOJ”) and seven Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) potentially responsible parties (“PRPs”) entered into a May 20th Consent Decree...more

Morgan Lewis

EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work

Morgan Lewis on

The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Superfund/CERCLA Cost Recovery Action/Mercury Refinery Site: U.S. Department of Justice and Four Companies Enter into Consent...

The United States Department of Justice (“DOJ”) and four companies entered into a proposed August 18th Consent Decree (“CD”) settling a Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”) cost...more

Beveridge & Diamond PC

EPA Headquarters Prods Cleanup Programs on Enforcement to Strengthen EJ

Beveridge & Diamond PC on

On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental...more

Vinson & Elkins LLP

EPA Announces Plans To Strengthen Environmental Justice Efforts Regarding Waste And Superfund

Vinson & Elkins LLP on

For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals...more

Snell & Wilmer

Environmental Justice: A Focus in Criminal Enforcement

Snell & Wilmer on

The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice...more

Vinson & Elkins LLP

PFAS And The Transition To The Biden Administration: The Implications Of Designating PFOA And PFOS As “Hazardous Substances” Under...

Vinson & Elkins LLP on

In recent years, there has been no shortage of interest and commentary dedicated to a group of chemicals known collectively as PFAS. As one example, the potential designation of certain PFAS — PFOA and PFOS (perfluorooctanoic...more

Sullivan & Worcester

Guam v. U.S. - A Case of Environmental Injustice?

Sullivan & Worcester on

President Biden has made environmental justice a cornerstone of his administration. While all government departments and agencies have a role to play, the U.S. EPA has taken on the environmental justice mantle as reflected in...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

King & Spalding on

EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

Vinson & Elkins LLP

Biden Administration DOJ Signals Shift In Environmental Enforcement Revoking Prior Policies

Vinson & Elkins LLP on

On February 5, 2021, the acting head of the U.S. Department of Justice (“DOJ”) division that brings environmental enforcement cases issued a memo revoking nine policy directives from the prior administration, including...more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA Cost Recovery: U.S. Department of Justice and Owner/Operator of Former Barrel Reconditioning Facility Enter into Consent...

The United States Department of Justice (“DOJ”) and Dayton Industrial Drum, Inc. (“Dayton”) entered into an April 15th Consent Decree addressing the resolution of a Superfund or Comprehensive Environmental Response,...more

Davis Wright Tremaine LLP

Trump Track: Chevron Deference – Whose Ox Is Gored?

Federal courts often rely on “Chevron deference” in upholding regulations issued pursuant to vague congressional authorization. This doctrine dictates that where the statutory language is unclear, a court will defer to a...more

Holland & Knight LLP

Recent Changes Expected to Impact Environmental Enforcement

Holland & Knight LLP on

• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more

BakerHostetler

New Tax Law Will Shape Future Environmental Settlements

BakerHostetler on

A minor provision concerning deductibility in Public Law 115-97, commonly known as the Tax Cuts and Jobs Act (Act), may have significant impacts on administrative and judicial settlements between companies and the U.S....more

Miles & Stockbridge P.C.

EPA Guidance Documents Are Not Enforceable Rules Says DOJ

Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more

Davis Wright Tremaine LLP

Ninth Circuit Addresses Finality Requirements for CERCLA Contribution Actions

The Ninth Circuit Court of Appeals revived a contribution action under CERCLA, and in the course of ruling, it addressed three issues of first impression in the Circuit regarding contribution litigation under CERCLA. Asarco,...more

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