News & Analysis as of

Environmental Protection Agency (EPA) Appeals Comprehensive Environmental Response, Compensation and Liability Act

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

PFAS/CERCLA: Associated General Contractors of America, Inc./National Waste & Recycling Association/Chamber File Judicial...

Three organizations filed a petition in the United States Court of Appeals for the District of Columbia challenging the United States Environmental Protection Agency’s (“EPA”) designation of perfluorooctanoic acid (“PFOA”)...more

Davis Wright Tremaine LLP

Oregon Court of Appeals Addresses an Insurer's Duty to Defend and Affirms "Complete Defense" Rule

On September 13, 2023, the Oregon Court of Appeals ("Court") addressed several arguments made by an insurer, Arrowood Indemnity Company ("Arrowood"), as to why it did not have a duty to defend, or why it should only defend...more

Foley Hoag LLP - Environmental Law

Our Environmental Statutes Are Broken

Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more

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

Federally Permitted Releases/CERCLA: Federal Appellate Court Addresses Whether a Clean Air Act Permit Notification Qualifies

The United States Court of Appeals for the Third Circuit (“Third Circuit”) in a June 21st Opinion interpreted the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) or (“Superfund”) phrase...more

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

National Priority List/Superfund: Federal Appellate Court Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a November 13th decision a challenge to a United States Environmental Protection Agency (“EPA”) decision regarding a Comprehensive...more

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

Electric Power/Petroleum and Coal Products Manufacturing/Chemical Manufacturing: U.S. Environmental Protection Agency Declination...

The United States Environmental Protection Agency (“EPA”) issued a Prepublication Notice on November 24th stating it would not issue final regulations for Comprehensive Environmental Response, Compensation and Liability Act...more

Snell & Wilmer

Environmental Groups’ Push to Impose Additional Financial Assurance Requirements on the Hardrock Mining Industry Rejected by the...

Snell & Wilmer on

A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the...more

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

Hardrock Mining/Superfund: D.C. Circuit Court of Appeals Decision Addressing U.S. Environmental Protection Agency Declination to...

The United States Court of Appeals for the District of Columbia (“Court”) issued a July 19th decision addressing the United States Environmental Protection Agency’s (“EPA”) decision to not develop financial responsibility...more

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

Sale of Building/Superfund: Federal Appellate Court (Eighth Circuit) Addresses Arranger Liability Issue

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an April 11th opinion a Section 107(a) (3) Comprehensive Response, Compensation, and Liability Act (“CERCLA”) arranger issue. See U.S....more

Foley Hoag LLP - Environmental Law

Yes, Virginia, Selling a Building Known to Contain PCBs Can Constitute An Arrangement for Disposal

Some cases just make you wonder what people were thinking. I’m not even sure Donald Trump would have tried to get away with what Dico, Inc., tried to get away with. In 1994, EPA issued an administrative order, requiring...more

Jackson Walker

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Pillsbury - Gravel2Gavel Construction & Real...

TX Court of Appeals Reaffirms That “Preponderance of the Evidence ” Test Can Be Applied To TCEQ Orders Issued Under The TSWDA

On April 8, 2016, the Texas Court of Appeals, Third District, at Austin, issued an important decision interpreting the standard of review that applies to the judicial review of certain administrative enforcement orders issued...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Stoel Rives LLP

Financial Assurance Requirements are on the Horizon for Hard Rock Miners

Stoel Rives LLP on

On January 29, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (“EPA”) to finalize the long-awaited “financial assurance” regulations under section 108(b) of...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

Ballard Spahr LLP

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

Ballard Spahr LLP on

The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et al. v....more

BakerHostetler

Seventh Circuit Opens the Door for Judicial Review of Citizen Suits Challenging Completed Portions of Ongoing CERCLA Cleanups

BakerHostetler on

The Seventh Circuit Court of Appeals has opened the door for judicial review of CERCLA citizen suits challenging the completed portions of some cleanup actions even when cleanup at the site is ongoing. The case is Frey v....more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide