News & Analysis as of

Environmental Protection Agency (EPA) Environmental Claims

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Denies Objection to a Cameron Parish, Louisiana Liquid Natural Gas...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a January 30th Order denying a Petition objecting to the issuance of a Title V Operating Permit (“Permit”) for Commonwealth LNG, LLC,...more

Woodruff Sawyer

FTC’s Green Guides: Potential Updates and Practical Considerations for Companies That Make Environmental Claims

Woodruff Sawyer on

The US Federal Trade Commission (FTC)’s Green Guides focused on “greenwashing” before it was en vogue. Originally issued in 1992 and revised in 1996, 1998, and 2012, the FTC designed the guides to help companies avoid making...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental and Regulatory Law Update: New Federal and State Rulings

The first quarter of 2022 has yielded a number of decisions, reversals and agency adjustments worth note. ...more

Woodruff Sawyer

Environmental Insurance: Can You Afford Not to Purchase It?

Woodruff Sawyer on

Most real estate being bought, sold, and developed in the United States is not raw, virgin land. The significant majority has a history: agricultural, commercial, industrial, mixed use, residential, etc. ...more

Troutman Pepper

State Laws Provide New Pathways for Environmental Justice Claims

Troutman Pepper on

Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not...more

Rivkin Radler LLP

Insurance Update - April 2021

Rivkin Radler LLP on

In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

(ACOEL) | American College of Environmental...

Does The Mineral Owner’s Dominance Foreclose Environmental Advocacy by the Surface Owner?

Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion that the mineral estate...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Burr & Forman

EPA To Assess Health Threat Posed By At Least Some PFAS Substances, But There Are Doubts About Objectivity

Burr & Forman on

EPA Administrator Scott Pruitt has announced an effort to assess the potential health risks posed by a class of chemicals known as per-and polyfluoroalkyl substances (PFAS) that have been found in significant concentrations...more

Robinson+Cole Manufacturing Law Blog

EPA Considering Ban On The Use Of Private Scientific Data

EPA Administrator Scott Pruitt is considering a plan to restrict the agency’s use of scientific data to only that data which is publicly available. The move would prevent EPA from using private studies, dubbed “secret...more

Gray Reed

A Development in Earthquakes and Fracking

Gray Reed on

Sierra Club v. Chesapeake Operating LLC et al is news more shocking than “Man Bites Dog”! A federal court has acknowledged that others are better equipped to address certain issues than the judiciary!...more

Foley Hoag LLP - Environmental Law

How Much Deference Do States Get in Entering CERCLA Consent Decrees? Probably A Lot, But Perhaps Not As Much as You Thought

In Cannons Engineering, the First Circuit Court of Appeals famously stated that, when CERCLA consent decrees arrive at the courts of appeal for review, they do so “encased in a double layer of swaddling,” because both the EPA...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

Davis Wright Tremaine LLP

What’s It All About?

There are many lessons that one could take from the outcome of the seven year (and counting) litigation involving environmental groups and the operators of the Los Angeles County stormwater system. Certainly one lesson is to...more

Nossaman LLP

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

Nossaman LLP on

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

Katten Muchin Rosenman LLP

U.S. Supreme Court Briefing of Greenhouse Gas Cases Underway Oral Argument Scheduled for February 24, 2014

Briefing before the U.S. Supreme Court is currently underway in a matter involving challenges to the suite of greenhouse gas (GHG) cases decided by the U.S. Court of Appeals for the District of Columbia Circuit in December...more

McNees Wallace & Nurick LLC

Environmental Alert: Requirements for Existing Area Source Boilers

Regulatory Deadline to File Initial Notification for Existing Area Source Boilers Is January 20, 2014 - This is a reminder that you may be required to file an initial notification with the U.S. EPA and Pennsylvania DEP...more

Maynard Nexsen

EARL e-News: EPA Raises Certain Environmental Penalties

Maynard Nexsen on

Updates on Environmental, Administrative and Regulatory Law - On November 6, 2013 the United States Environmental Protection Agency (EPA) gave notice in the Federal Register of a final rule in which certain...more

Foley Hoag LLP - Environmental Law

Cooperative Federalism is “Messy and Cumbersome” — EPA’s Chesapeake Bay TMDL is Upheld

Last Friday, in American Farm Bureau Federation v. EPA, Judge Sylvia Rambo upheld EPA’s Chesapeake Bay TMDL. As Judge Rambo noted in her conclusion, while the environmental problems associated with the Chesapeake Bay are...more

Foley Hoag LLP - Environmental Law

Standing Matters, TMDL Version

Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA’s approval of total maximum daily loads promulgated for certain waters in and around Cape Cod. Given the...more

Cozen O'Connor

Third Circuit Dismisses NSR Action Against Coal Plant, Affirms Limits of Clean Air Act Liability

Cozen O'Connor on

On August 21, 2013, the U.S. Court of Appeals for the 3rd Circuit roundly dismissed an enforcement action brought under the federal Clean Air Act (CAA or the Act) by the U.S. Environmental Protection Agency (EPA) and several...more

Nossaman LLP

When Can You Sue the State Without Naming the State?

Nossaman LLP on

I'll give you a hint, this is a bit of a trick question. Give up? Okay. Whenever you name a State agency, of course. In Lavine v. State of California (pdf), a property owner filed a lawsuit after the Regional Water...more

Pillsbury Winthrop Shaw Pittman LLP

Did EPA Overstep in Applying Soil Vapor Intrusion Guidance to Commercial Buildings?

In April 2013, U.S. EPA’s Office of Solid Waste and Emergency Response issued two guidance documents on soil vapor intrusion. One addresses general soil vapor intrusion issues, while the other is specific to petroleum vapor...more

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