September 2011
-
States and Private Industry Challenge EPA’s Cross-State Air Pollution Rule
The states of Alabama, Florida, Kansas, Nebraska, Oklahoma, South Carolina, Texas and Virginia, along with several private companies, have sued the United States Environmental Protection Agency (“EPA”) in federal court, seeking to halt implementation of EPA’s Cross-State Air Pollution Rule (“Transport Rule”). The states and private companies have filed seven separate cases, which have been… Continue reading
-
EPA Inspector General Releases Report on Greenhouse Gas Endangerment Finding
Yesterday, the U.S. EPA Office of Inspector General (OIG) released a report entitled “Procedural Review of EPA’s Greenhouse Gases Endangerment Finding Data Quality Processes,” which was conducted at the request of Sen. James Inhofe (R-Okla.), Ranking Member of the Senate Committee on Environment and Public Works. Continue reading
-
EPA Adds 15 Sites to NPL
On Thursday, September 16, 2011, EPA published in the Federal Register a final rule adding fifteen sites to the National Priorities List (“NPL”) (76 Fed. Reg. 57702). Continue reading
-
Cases to Watch: Supreme Court Could Address Key Cost Recovery Issue in Morrison Enterprises
When the Supreme Court returns from its summer recess on September 26 to select cases for review this fall, it is likely to consider taking up Morrison Enterprises, LLC v. Dravo Corp. Continue reading
-
Jenner & Block’s Environmental Cost Recovery & Lender Liability Update for August 2011 Now Available
By Phoebe B. Scott Jenner & Block's monthly Environmental Cost Recovery & Lender Liability Update, covering the latest case law and other developments in Environmental Cost Recovery & Lender Liability, is now available for August 2011. The August Environmental Lender Liability Update, as well as all prior months, can be found at Jenner & Block Environmental Cost… Continue reading
-
New USGS Report Finds Wells Contaminated
According to a new study by the U.S. Geological Survey, Trace Elements and Radon in Groundwater Across the United States, 1992-2003, about 20% of untreated water samples from public, private and monitoring wells contain concentrations of at least one trace element, such as arsenic, manganese and uranium, at levels of potential health concern. Continue reading
-
Environmental Citizen Groups Have No Standing to Challenge Climate Change Impacts of Federal Actions
Two U.S. district courts recently issued separate decisions rejecting environmental groups’ challenges to federal actions based on alleged climate change injuries. In both cases, using the same legal test, the courts found that the environmental groups did not have standing to pursue their claims against the federal agencies. This is an important development in climate… Continue reading
-
Climate Change Update for August 2011 Now Available
Jenner & Block’s latest monthly Climate Change Update, for August 2011, is available on the Firm’s website. The August 2011 Climate Change Update includes a discussion of the Obama Administration’s announcement of the first-ever GHG emission standards for medium/heavy-duty trucks and for other heavy-duty vehicles. Continue reading
-
Insurer Not Responsible For Global Warming Claims
On September 16, 2011, the Virginia Supreme Court issued its long-awaited decision in The AES Corporation v. Steadfast Insurance Company which refused to require an insurance company to provide coverage for claims relating to alleged damages caused by greenhouse gas emissions. In 2008, The AES Corporation (“AES”) was sued by the Native Village of Kivalina… Continue reading
-
Federal Court Rejects EPA Form Consent Order
On September 12, 2011, a Florida federal district court rejected a proposed consent order that purported to resolve a PRP’s CERCLA liability at a site in Florida. The proposed consent order, which tracked U.S. EPA’s model order [http://www.epa.gov/compliance/resources/policies/cleanup/superfund/rdra-2011-rev-mem.pdf], required that the PRP reimburse U.S. EPA’s past response costs and conduct a remedial design/remedial action at… Continue reading