News & Analysis as of

Mining Hazardous Substances

BCLP

PFAS Update: State Regulation of PFAS in Firefighting Foam and Equipment, November 2022

BCLP on

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

Husch Blackwell LLP

MSHA Announces New Silica Enforcement Initiative

Husch Blackwell LLP on

MSHA has announced a new enforcement initiative regarding overexposure to respirable crystalline silica. The silica enforcement initiative is intended “to take immediate action to reduce the risks the silica exposure.” ...more

Bennett Jones LLP

Recent Amendments to the British Columbia Health, Safety and Reclamation Code

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On April 1, 2021, as part of an ongoing review and revision process, seven amendments to the Health, Safety and Reclamation Code for Mines in British Columbia came into force. The Code, and its enabling statute, the Mines...more

Morgan Lewis - Up & Atom

Indictment for Improper Radioactive Waste Disposal Highlights More Compliance Concerns for Fracking Companies and Uranium Miners

A federal grand jury in the Eastern District of Kentucky issued an indictment against an individual for transportation of radioactive material generated from fracking activities without compliance with US Department of...more

Harris Beach PLLC

The Challenges of Finding Land for Renewable Energy Projects in New York

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New York State has positioned itself to claim the mantle of climate leadership on a global scale. But companies are struggling to get projects approved in a regulatory system that is slowed by constrained resources and...more

Pillsbury - Gravel2Gavel Construction & Real...

DC Circuit Rejects Challenge to EPA’s CERCLA Decision Regarding Hardrock Mining Industry

In a decision that will likely be welcomed by the electrical power, chemical manufacturing, and petroleum and coal products manufacturing industries, on July 19, 2019, the U.S. Court of Appeals for the District of Columbia...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

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A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Pillsbury - Gravel2Gavel Construction & Real...

EPA Declines To Issue CERCLA Financial Responsibility Rules For Hardrock Mining Industry But Leaves Open What It Might Do For...

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as Superfund, was enacted in December 1980, and Section 108(b) provides that the Environmental Protection Agency (EPA) shall...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Finds CERCLA Contribution Claim Not Barred by Bankruptcy Approval of a Settlement Estimating Liability for the Site

Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action, the Tenth Circuit ruled that a mining company, whose...more

Stoel Rives LLP

Miners and States take Notice, the EPA is Updating its CERCLA Financial Responsibility Requirements

Stoel Rives LLP on

The U.S. Environmental Protection Agency (“EPA”) has recently announced that it would take steps to finalize rules establishing financial responsibility requirements for hard rock mines under section 108(b) of the...more

Morgan Lewis

Air Emissions May Give Rise to CERCLA Liability

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The Pakootas decision appears to be the first in which any federal court has directly addressed this issue. On December 31, 2014, in a case of first impression, Judge Lonny Suko of the U.S. District Court for the...more

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