Environmental Response Trusts: Surrogate for Federal and State Regulators?

Acoel

A common result of corporate bankruptcies is the creation of environmental response trusts or “ERTs”. ERTs are created to address environmental issues for which the bankrupt company has responsibility. Posted on April 14, 2022 by Elliott P. Laws.

Texas and other states want to punish fossil fuel divestment

Environmental News Bits

About ten percent of all investments in the world are now in some kind of environmental or socially aligned fund. And big financial firms like BlackRock – under pressure from shareholders – have joined the trend, attracting investors and positive media coverage by touting environmentally responsible strategies. Read the full story from NPR.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Earth911 Podcast: Newday Impact’s Doug Heske on Investing to Lower GHG Emissions

Earth 911

Earth911 talks about the challenge of making ethical and environmentally responsible investment decisions with Newday. The post Earth911 Podcast: Newday Impact’s Doug Heske on Investing to Lower GHG Emissions appeared first on Earth911.

Earth911 Podcast: Newday Impact’s Doug Heske on Responsible Energy Investing

Earth 911

Environmentally responsible investing requires we apply carbon sense thinking, says our guest, Doug Heske, CEO. The post Earth911 Podcast: Newday Impact’s Doug Heske on Responsible Energy Investing appeared first on Earth911.

PFOA and PFAS take another step towards becoming full-fledged members of the CERCLA family of hazardous substances

Environmental News Bits

EPA forwarded to the White House Office of Management and Budget (OMB) a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Read the full story at JD Supra. On January 10, 2022, U.S.

HP moves toward 100% plastic free with Choose Packaging

Inhabitant

It becomes challenging to find environmentally-responsible alternatives. As consumers, we make countless purchasing decisions daily. Moreover, we are often limited by the options companies provide. A newly-developed packaging company, however, is changing the entire landscape of single-use plastic. Their zero-plastic bottles can be used for countless everyday products

Clothes that rely on local workers and sustainable materials

Inhabitant

In relation to environmental responsibility of the fashion industry, that doesn’t mean changing styles with the seasons, but rather changing the entire concept of fast fashion. As consumers become increasingly aware of the damage traditional fashion is having on the planet, they are demanding garments that make a positive impact. Enter Catherine Fisher Clothing, a brand dedicated to the craft of making clothes with an emphasis on ethical and sustainable design

‘RACER Trust’ and the Concinnity of CERCLA Sections 107 and 113

E2 Law Blog

Court of Appeals for the Second Circuit decided Revitalizing Auto Communities Environmental Response Trust v. Last month, the U.S. National Grid USA , No. 20-1931-cv (2d Cir.

E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A

E2 Law Blog

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations.

ABM to Boost Energy Management, Sustainability Business with Able Purchase

Environmental Leader

Facility solutions provider ABM will acquire Able Services for $830 million; the acquisition will bolster ABM’s sustainability and energy efficiency offerings amid growing demand for environmentally responsible solutions, the company says.

ABM to Boost Energy Management, Sustainability Business with Able Purchase

Environmental Leader

Facility solutions provider ABM will acquire Able Services for $830 million; the acquisition will bolster ABM’s sustainability and energy efficiency offerings amid growing demand for environmentally responsible solutions, the company says.

U.S. Supreme Court Clarifies Scope of CERCLA Contribution Claims by Settling Parties

SPR Law

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. On May 24, 2021, the United States Supreme Court ruled in Territory of Guam v. 9613(f)(3)(B), and therefore the commencement of the limitations period for such a claim, requires resolution specifically of… The post U.S.

Blurring the Lines Between Art and Activism ????

Circle of Blue

” For the next several years, Greg and Nadine Mort cultivated relationships with leaders in environmental science and activism, including Circle of Blue Co-Founder J. Greg Mort painting “Circle of Blue” in 2007. Photo © Greg and Nadine Mort.

2007 112

Carbon Storage in the Bipartisan Infrastructure Bill

Law Columbia

The Environmental Protection Agency (EPA) has indicated that offshore carbon storage projects may also be regulated under the Marine Protection, Research, and Sanctuaries Act (MPRSA). By Romany M.

First Circuit Distinguishes “Release” from “Disposal” in Affirming CERCLA Liability of Facility Owner

MGKF Law

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. § that it could not avail itself of the contiguous property owner defense, and that the selected response action was not arbitrary or capricious.

Law 40

Second Circuit Holds CERCLA Claims Were Prudentially Ripe Despite Ongoing PRP Investigation by EPA

MGKF Law

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. On Wednesday, August 18, 2021, the U.S. § 9601 et seq. See Revitalizing Auto Cmtys. Envtl. Nat'l Grid USA, No. 20-1931-cv (2d Cir. 18, 2021).

Law 40

Supreme Court Tries to Set a Bright Dividing Line on CERCLA Claims, but has it?

MGKF Law

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. Less than a month after hearing oral arguments, the United States Supreme Court issued its unanimous decision in Guam v. United States , Docket No.

Seventh Circuit Interprets "Claim" to Rule that Buyer Must Indemnify Seller for Superfund Liability

MGKF Law

Finding that mere notice of potential liability failed to meet that standard, the Court held that under the terms of the agreement, the buyer, Wisconsin Central, Ltd. (“Wisconsin Central”), must indemnify a seller, Soo Line Railroad Company (“Soo Line”), for liability arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

Law 40

Opinion: The Green Claims Code to counter greenwash

A Greener Life

I suppose it’s somewhat inevitable, but the more people become aware of the environmental crisis, the more likely it is that companies will exaggerate or fabricate their green credentials. in response to what I would consider being honest attempts to do the right thing.

Hawk Mountain Sanctuary Statement On Wind Energy Company's Violation Of Federal Law Involving The Deaths Of Over 150 Eagles

PA Environment Daily

Hawk Mountain Sanctuary in Berks County supports environmentally responsible wind and other renewable energy development as an important measure to combat climate change. A NextEra Energy Inc.

2015 52

Training for Change: Global Green USA and Acceler8 Join Forces to Develop Electric Vehicle Workforce Training for At-Risk Youth

Global Green

Global Green is thrilled to partner with Acceler8 to bring environmentally responsible and promising career opportunities to the young adults in our communities. The Two LA-Based Non-Profits are on A Mission to Change Lives and Bring Climate Equity to the Community.

Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement

MGKF Law

A three-judge panel of the Third Circuit held on January 29, 2021 that air emission exceedances governed by a state air permit and duly reported to state or local authorities pursuant to the permit need not be reported again to the United States Environmental Protection Agency (“EPA”) pursuant to the Section 103 reporting requirements of the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

All (New and Improved?) Appropriate Inquiry

Acoel

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. Posted on December 17, 2021 by William L. Thomas.

2013 52

Challenge to Superfund Settlement Rejected by First Circuit, Highlighting CERCLA Risks to Non-Settling PRPs

MGKF Law

The First Circuit recently affirmed the District of Rhode Island’s approval of a superfund consent decree entered into between the United States Environmental Protection Agency (“EPA”), the State of Rhode Island and several Potentially Responsible Parties despite opposition by third party PRPs that the settlement was arbitrary and capricious and contrary to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

Law 40

Why the Waste? A step towards environmentally conscious pet waste disposal

Vermont Law

A Step Towards Environmentally Conscious Pet Waste Disposal. Whether these laws are based on public health, public convenience, or environmental concerns—it may be time to challenge their effectiveness. Why the Waste? By Tommi Mandell.

Law 87

A Conversation About ‘Fairness’ in Superfund Allocation

E2 Law Blog

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).

Law 52

Penalties Under CERCLA for Denying EPA Access to Test

E2 Law Blog

When your neighbor’s property is contaminated, the environmental regulators may want access to your property to investigate whether the contamination has affected your property. Environmental Protection Agency , No.

10 Air Quality Influencers You Should Know

Breezometer

Companies across all industries now seek to integrate environmental intelligence into their offerings and provide actionable insights to improve daily health choices. Dr. Shelly Miller - Environmental Engineering Professor at UC Boulder. Jeffrey K Smith - Environmental Health Solutions.

2009 69

Supreme Court to DOJ: “No”

Cole Sholtz

Supreme Court unanimously held that a settlement of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)-specific liability is required to give rise to a contribution action under §113(f)(3)(B). On Monday, the U.S.

2004 52

Neighbors’ Tort Claims Even After a Cleanup

E2 Law Blog

Even if this were a remedy under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the court of appeals opined that a state court damage claim, at least, would not constitute an impermissible challenge to a remedy.

Law 52

Phase l Environmental Site Assessment Standard Being Revised

Greenbuilding Law

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

2013 83

Colpoys Bay is under threat by a proposed land-based fish farm

Enviromental Defense

This industry does not have a good track record in terms of their environmental responsibility and their ability to adequately control the contaminants that would be added to the bay. This is a guest blog by Gwen MacGregor from Bruce Peninsula Water Watch.

Waste 99

Implementing a Sustainable Business Strategy

Environment Blog

When you know what factors have the biggest impact, you know what actions have the biggest bearing on your business’s environmental impact, or that have the greatest return on investment. Compare the Financial and Environmental Impact of Each Decision.

2019 80

E2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B

E2 Law Blog

Montrose Environmental Group (MEG) Names Cory Davis Executive Vice President

Montrose

4, 2021) – Cory Davis, an internationally recognized scientific consultant, will serve as Montrose Environmental Group’s newest Executive Vice President (EVP). Davis will be EVP of Montrose and CEO of the Center for Toxicology and Environmental Health (CTEH), a Montrose subsidiary specializing in environmental emergency preparedness, response, and recovery. About Montrose Environmental Group, Inc.

2018 40

Analysis: Tesla’s Bitcoin about-face is a warning for cryptocurrencies that ignore climate change

A Greener Life

The new focus on Bitcoin’s environmental costs makes it even more likely the currency will remain an outlier. Research shows most consumers are less willing to buy from a company that doesn’t take its environmental responsibilities seriously. By John Hawkins.

Spokespeople available to comment on the Provincial-Municipal Housing Summit, including housing affordability facts and key required actions

Enviromental Defense

Environmental Defence spokespeople are available for interviews about the key facts and actions required for housing affordability that should be part of the Provincial-Municipal Housing Summit.

DCNR Blog: 40 Years Of Doing Something Wild! PA Wild Resource Conservation Fund

PA Environment Daily

Jones, who served six Governors in a variety of cabinet positions, including Secretary of the Department of Environmental Resources.

Biden Administration Accelerates Federal Regulation of PFAS

Ohio Environmental Law

EPA is developing a Notice of Proposed Rulemaking to designate PFOA and PFOS as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) “hazardous substances” for Spring 2022.

EPA Recognizes 2 PA Companies With Top Environmental Performers and Leaders For Freight Supply Chain Efficiency

PA Environment Daily

Environmental Protection Agency recognized two Pennsylvania companies-- Pittsburgh-based Armada Supply Chain Partners , and Reading-based Penske Logistics LLC -- as industry leaders in freight supply chain environmental performance and energy efficiency. On October 29, the U.S.

Maine, Massachusetts, and Maryland Expand Utility Regulators’ Mandate to Include Climate Considerations, Marking an Emerging Trend by State Legislatures

Law and Environment

Despite the fact that utility regulators play a huge role in our energy sector–the sector primarily responsible for historical U.S.

Law 52

What goes in the recycling bin?

Environment Blog

It is a simple task but it will give them the opportunity to contribute to the running of the household and it instills the importance of environmental responsibility. It can endanger the health and safety of the rubbish collection staff as well as be an environmental hazard.

2020 69

Climate Strike Perth, Western Australia

Onya

As a business that has fought for ethical and sustainable business practices for many years, it was so exciting to see so many in the business community also stepping up to the plate and taking responsibility for how they conduct business. Why strike for climate?

2019 52