News & Analysis as of

Environmental Protection Agency (EPA) Federal v State Law Application

Troutman Pepper

State Laws Provide New Pathways for Environmental Justice Claims

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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

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

UB Greensfelder LLP on

Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...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

Society of Corporate Compliance and Ethics...

Emission battle in United States reaches standstill

CEP Magazine (May 2020) - The National Highway Traffic Safety Administration and the Environmental Protection Agency are battling over a new auto emissions rule. The interagency dispute has delayed action by the United...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

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On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more

Lowenstein Sandler LLP

U.S. Supreme Court Allows Landowners’ State-Law Challenge to Ongoing CERCLA Remediation

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On April 20, the United States Supreme Court decided in Atlantic Richfield Co. v. Christian et al.1 that landowners can sue under state common law for restoration of their properties located within the boundaries of a...more

McGlinchey Stafford

SCOTUS Clarifies Uncertainty Surrounding Restoration Damages Under Superfund Program

McGlinchey Stafford on

Today, the Supreme Court of the United States released the much-anticipated opinion that had the potential to turn the entire Superfund Program on its head. The Court resolved the lingering question regarding whether parties...more

McGlinchey Stafford

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on

On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more

(ACOEL) | American College of Environmental...

When Does “Responsible” Mean Never Having To Say You’re Sorry To CERCLA?

Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more

(ACOEL) | American College of Environmental...

Someone Left the Cake Out in the Rain: The Dissolution of Cooperative Federalism in the Trump Era

The Trump Administration’s recent lawsuit against California’s climate change policies has cast a spotlight on a stark and troubling reality.  U.S. v. California is just the latest salvo in a sustained, direct assault by EPA...more

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

Affordable Clean Air Energy Rule/Clean Air Act: U.S. Environmental Protection Agency Issues Final Rule

The United States Environmental Protection Agency (“EPA”) yesterday issued a final version of the previously proposed Affordable Clean Air Act Affordable Clean Energy (“ACE”) Rule. The ACE rule had been proposed on August...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019

Trump to Sign Order Seeking to Clear Gas Pipeline Hurdles - "The administration, which is pushing a policy it calls energy dominance, has been considering an order that would push back against states, including New York,...more

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

Regional Haze/Arkansas: 8th Circuit Court of Appeals Grants Motion to Stay

The United States Court of Appeals for the 8th Circuit addressed a Motion to Stay related to litigation involving application of the Clean Air Act Regional Haze requirements to Arkansas. The Order was issued on March 7th....more

Best Best & Krieger LLP

California Must Pick Up Stormwater Check

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Local public agencies realized an important victory in a more-than-decade-long, who-should-foot-the-stormwater-bill battle — a battle focused on a permit issued by the Los Angeles Regional Water Quality Control Board to the...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

Foley Hoag LLP - Environmental Law

A Foolish Consistency Is the Hobgoblin of Little Minds: So Said Emerson, So Says EPA

On Wednesday, EPA issued a final rule amending its “Regional Consistency Regulations.” The new rule provides that EPA will only follow adverse judicial decisions in the areas of the country where such judicial decisions are...more

Jackson Walker

A double defeat for EPA on regional haze regulations

Jackson Walker on

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more

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