News & Analysis as of

Superfund State and Local Government

Holland & Knight LLP

An Update on Climate Superfund Laws and Climate Change Lawsuits

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In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more

Goldberg Segalla

Navigating Environmental Jurisdiction: DOJ’s Challenge to State Climate Superfund Laws

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The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed...more

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

U.S. House of Representatives Appropriation Committee: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted testimony to the United States House Appropriations Subcommittee on Interior, Environment, and Other Related Agencies. The...more

Pillsbury Winthrop Shaw Pittman LLP

The Battle Over Climate Superfund Laws: Legal Challenges in Vermont and New York

States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more

Troutman Pepper Locke

22 AGs Challenge New York’s Climate Superfund Law

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A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

Foley Hoag LLP - Environmental Law

New York’s Climate Superfund Act Forces Polluters to Fund State Climate Adaptation Projects

With the incoming Trump administration poised for an attack on federal environmental regulations, states are quickly emerging with actions on climate change. On December 26, 2024, New York Governor Kathy Hochul signed into...more

Jones Day

New York Enacts Climate Change Law That Fines Companies for Historical Emissions

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On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more

Allen Matkins

California Environmental Law & Policy Update 10.11.24

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At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more

Cozen O'Connor

NYS Legislative Session Concludes

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The 2024 New York State legislative session has concluded. The end of the session was largely overshadowed by Governor Hochul’s directive to the Metropolitan Transit Authority (MTA) to halt the implementation of congestion...more

Foley Hoag LLP - Environmental Law

The Drumbeat of PFAS Litigation Is Getting Louder

On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam.  Massachusetts joins a number of other states which have already brought similar...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

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

Holland & Hart LLP

Recent EPA Guidance Spells Out Superfund Liability Protections Available to Local Governments

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State and local governments are in a unique position when it comes to facilitating the cleanup and redevelopment of contaminated properties within their jurisdictions and can play a vital role in revitalizing neighborhoods...more

Troutman Pepper Locke

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Pierce Atwood LLP

Maine PFAS Task Force Issues Report and Maine Legislature Considers Amending State's Superfund Law

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Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...more

Downey Brand LLP

U.S. EPA Region 9 Enforcement Priorities Revealed

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Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

Holland & Knight LLP

Legislative Outline for Rebuilding Infrastructure

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On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more

Robinson+Cole Manufacturing Law Blog

2018 Environmental, Health, and Safety Outlook for Manufacturers

Reduced Regulation - We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more

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