September 2012
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Ninth Circuit Affirms Dismissal of Federal Common Law Nuisance Claim for Global Warming
On September 21, 2012, the Ninth Circuit Court of Appeals in Native Village of Kivalina v. ExxonMobil Corp. et al., 9th Cir., No. 09-17490, ruled that the Alaska town of Kivalina could not sue energy companies under a federal common law claim of public nuisance for global warming caused by greenhouse gas emissions. Continue reading
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Survey Confirms Water-Related Concerns
By E. Lynn Grayson Drought, Water and Energy – A Natural Survey of Attitudes – an ORC report recently completed for the Civil Society Institute summarizes a telephone survey of 1,017 adults in AZ, CA, CO, FL, GA MO, NV, NM, SC and TX. The survey confirmed that Americans are worried about drought and… Continue reading
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EPA Issues SNURs for 107 Chemicals
By Steven M. Siros The United States Environmental Protection Agency ("U.S. EPA") is expected to issue a direct final rule imposing significant new use rules ("SNURs") on 107 chemicals pursuant to Section 5(e) of the Toxic Substances Control Act ("TSCA"). The direct final rule is scheduled to take effect November 20, 2012. Although U.S.… Continue reading
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Sequestration To Cut $716 Million From U.S. EPA Budget
By Steven M. Siros If budget sequestration takes effect on January 2, 2013, U.S. EPA will face a $716 million budget cut. According to a September 14, 2012 report from the White House Office of Management and Budget ("OMB"), U.S. EPA's budget would be reduced from approximately $8.4 billion to $7.7 billion. The OMB report projects that the… Continue reading
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Environmental Contractor Unable to Ditch CERCLA Claims
On September 4, 2012, a federal judge denied Arcadis U.S. Inc.’s (“Arcadis”) request for summary judgment in a CERCLA lawsuit relating to the disposal of contaminated concrete at a demolished Ford Motor Company plant in New Jersey. In the course of demolishing its assembly plant located in Edison, New Jersey, Ford is alleged to have… Continue reading
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September 11th CBA and ISBA Environmental Networking Reception
The Chicago Bar Association (CBA) Environmental Law Committee, the CBA Young Lawyers Section Environmental Law Committee, and the Illinois State Bar Association (ISBA) Environmental Law Section are hosting an Environmental Networking Reception on September 11, 2012, from 4 pm to 6 pm. The networking reception will be held at the Chicago Bar Association, 321 South… Continue reading
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September 12th ABA Water Scarcity Program
Partner E. Lynn Grayson will moderate a teleconference program titled “Water-Related Risks and Opportunities – Disclosure and Analysis of an Emerging Business Concern,” on September 12, 2012, from 11 a.m. to 12:30 p.m. CT. The program, which is sponsored by the ABA Section of Environment, Energy and Resources, will survey and discuss the current corporate… Continue reading
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Perchlorate In Drinking Water – September 20th Public Meeting
EPA will hold a public meeting and webcast September 20, 2012 on the regulation of perchlorate in drinking water. EPA plans to address information on treatment technologies, analytical methods, and other subjects pertaining to the development of a perchlorate standard. The meeting and webcast are scheduled for 1-4 p.m. Eastern Time at EPA, Potomac Yards… Continue reading
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States Implement Controversial U.S. EPA Short Term TCE Exposure Limit
Several states have begun to implement U.S. EPA Region IX’s proposed Interim Removal Action Level (“RAL”) of 15 ug/m3 for trichloroethylene (“TCE”) in indoor air. Notwithstanding that U.S. EPA headquarters is currently reviewing the science relied upon by Region IX in setting the RAL, California’s Department of Toxic Substances Control has already begun to require… Continue reading