Acoel

DECEMBER 17, 2021

Posted on December 17, 2021 by William L. ASTM announced revisions to its standard practice for Phase I environmental site assessments (E1527-21) on November 1, 2021 (the “Standard”). Environmental Protection Agency (“U.S. They will take effect on January 1, 2022, with publication and adoption by the U.S. Looking Ahead.

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MGKF Law

AUGUST 23, 2021

On Wednesday, August 18, 2021, the U.S. Court of Appeals for the Second Circuit vacated a district court order dismissing claims for violations of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § Response Tr. § 9601 et seq. See Revitalizing Auto Cmtys.

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SPR Law

MAY 27, 2021

On May 24, 2021, the United States Supreme Court ruled in Territory of Guam v. United States that a party’s claim for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C.

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MGKF Law

JULY 6, 2021

20-2215, 2021 U.S. 2021); 42 U.S.C. § Clean Air Council v. Steel Corp. , LEXIS 18377, at *15 (W.D. § 9603. The court’s reasoning came down to an interpretation of CERCLA that the phrase “subject to” was intended to mean “governed or affected by” rather than “obedient to.” ” Id.

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Greenbuilding Law

JULY 17, 2022

It is hugely significant that the Phase l Environmental Site Assessment standard is in limbo because that assessment is conducted in the vast majority of the 5.6 including for a real estate purchaser to avoid liability under the Superfund law). million commercial real estate transactions each year in the United States (i.e.,

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Greenbuilding Law

DECEMBER 5, 2021

I am excited to be presenting a fast paced and fun one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. Potable water use reduction may be the most important ESG factor.

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MGKF Law

NOVEMBER 22, 2021

On November 17, 2021, the Court of Appeals for the First Circuit affirmed a decision of the lower court that the Puerto Rico Industrial Development Company (PRIDCO) was prima facie liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § § 9601 et seq.

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Greenbuilding Law

NOVEMBER 21, 2021

I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program.

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E2 Law Blog

JANUARY 4, 2022

But in the last days of 2021, the federal district court in White Plains, New York decided such a case under the federal Superfund statute. Environmental Protection Agency , No. Oddly, the courts have decided very few cases on the point, and most address access to records not to the property itself. Cannistra Realty, LLC v.

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E2 Law Blog

MAY 24, 2021

May 24, 2021) , attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. On Monday, the Supreme Court decided Territory of Guam v.

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MGKF Law

MAY 24, 2021

20-382 (May 24, 2021), the eagerly anticipated opinion on whether consent decrees and administrative orders that do not expressly resolve liability for claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) nevertheless give rise to a claim for contribution under Section 113(f)(3) of CERCLA.

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Greenbuilding Law

JULY 25, 2021

The Phase l Environmental Site Assessment Standard E1527-13 will sunset in late 2021, eight years from its approval on November 6, 2013. This is hugely significant because a Phase l Environmental Site Assessment is conducted in the vast majority of the 5.6 9601) and petroleum products.”

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A Greener Life

FEBRUARY 14, 2024

This is despite the fact that emissions for coal – largely by China and India – have been the biggest driver of recent carbon emissions, accounting for 40% of the total in 2021. The communication cites a 2021 report from the Forest Survey of India which claims the country’s forest cover has expanded.

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Law Columbia

MARCH 14, 2024

These state-level “Climate Superfund” bills are modeled on the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known as Superfund, which imposes liability on multiple parties, including the generators of waste, for the cleanup of contaminated sites.

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E2 Law Blog

MARCH 7, 2022

Superfund lawyers often confront vexing problems in allocating responsibility among parties jointly and severally liable under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Litigation cost is prominent among those problems.

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Arnold Porter

AUGUST 26, 2021

Three More PFAS Added to Toxics Release Inventory List for 2021 Reporting Year; EPA Announced Plans for More Additions to List. EPA’s Spring 2021 Regulatory Agenda Contained Multiple TSCA Rulemaking Actions. 6, 2021).]] July 23, 2021).]] Draft Contaminant Candidate List Included All PFAS. Regan, No. Regan, No.

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Ohio Environmental Law

OCTOBER 23, 2021

EPA states the initial round of Section 4 Order are anticipated by December 2021. EPA proposed a rule in June of 2021 under its TSCA Section 8(a)(7) authority to collect information on any PFAS manufactured since 2011, including information on uses, production volumes, disposal, exposures, and hazards.

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Arnold Porter

DECEMBER 3, 2021

EPA and plaintiffs challenging the January 2021 TSCA risk management rule for the flame retardant decabromodiphenyl ether (decide) filed a joint motion in the Ninth Circuit Court of Appeals to set a briefing schedule for the challenge.[[N:Alaska 21-70168 (9th Cir.)]] The proceedings had been stayed since April 2021 at EPA’s request.

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Arnold Porter

JUNE 2, 2021

PFAS Accountability Act of 2021 Would Create Federal Cause of Action for PFAS Exposure. PFAS Action Act of 2021 Would Amend Major Environmental Statutes to Regulate PFAS. 22, 2021).]] 23, 2021).]] 22, 2021); Int’l Union, United Automobile, Aerospace & Agric. 10, 2021); see also Envtl.

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Acoel

JANUARY 11, 2022

9, 2022) at SR-7. In my January 2021 column for the Legal Intelligencer ’s Pennsylvania Law Weekly I suggested the opposite, or maybe an inside-out version of the same thing: “[t]he governmental response to the viral pandemic is. 83 MAP 2021 (Pa. 29, 2021), is: In 42 U.S.C. 59,298 (Jan. Acting Sec’y Pa.

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Arnold Porter

JUNE 2, 2021

On January 6, 2021, EPA published its final rule on "Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information Rule."[[N: 6, 2021).]] 20, 2021).]] N:Stephen Lee & Dean Scott, Democrats to Target Trump Environment Rules, but Weigh Cost , Bloomberg Law (Jan.

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Arnold Porter

JUNE 2, 2021

While the regulatory freeze pursuant to a memo from White House Chief of Staff Ronald Klain momentarily paused the issuance of those final determinations, EPA announced on February 22, 2021 that it is moving forward. In response to this pause, which froze the PFOA and PFOS regulatory determinations under SDWA, Sen.

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ESA

JULY 26, 2021

Maine law banning PFAS takes effect. billion, a nearly 20% increase over FY 2021 levels. Still, Congressional leaders say that it is likely that Congress will pass a temporary stop-gap measure to buy more time for funding negotiations and avert a government shutdown when the new fiscal year starts on October 1, 2021.

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ESA

APRIL 19, 2021

Mallory is an environmental attorney who worked in President Obama’s Council on Environmental Quality and most recently for the Southern Environmental Law Center. A Proclamation on National Park Week, 2021 – The White House. EPA Watchdog to Probe Alleged Retaliation Against Scientists – Bloomberg Law. .

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ESA

MAY 6, 2021

NSF releases 2021 Women, Minorities, and Persons with Disabilities in Science and Engineering report. House Science Committee Chair Eddie Bernice Johnson (D-TX) and Ranking Member Frank Lucas (R-TX) introduced the House version of this bill in January 2021 ( H.R. He signed it into law. Executive Branch. International.

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