June 2014
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Environmental & Energy Cert. Petition Watch
As part of the “Environmental & Energy Cert. Petition Watch” project, in the past several weeks, the following EHS-related petitions have been filed, denied, or granted. For a full list of EHS-related cert. petitions submitted from August 2013 through the present (as of June 15, 2014), click here. Continue reading
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EPA Evaluates Fracking Chemicals
The EPA recently initiated a process that may result in the first federal regulation of chemicals used in fracking, a drilling technique that has significantly enhanced energy production and development in the United States. Continue reading
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North Carolina Seeks To Amend Statute Of Repose Following Waldburger Decision
Within hours of the Supreme Court’s decision in CTS Corporation v. Waldburger which found that that CERCLA’s “discovery rule” did not preempt North Carolina’s 10-year statute of repose, the United States Department of Justice asked the Eleventh Circuit to dismiss plaintiffs’ claims alleging personal injuries as a result of exposure to TCE-contaminated drinking water at… Continue reading
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Illinois Amendment Strips Third Party Safety Consultants of Workers’ Comp Exclusivity Protection
On June 5, 2014, Governor Quinn signed a bill amending the Illinois Workers’ Compensation Act and limiting protection for third party safety consultants from workers’ suits. Continue reading
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U.S. Supreme Court Rules That CERCLA Does Not Preempt State Statutes Of Repose
The U.S. Supreme Court has clarified the preemptive power of CERCLA, holding that CERCLA does not preempt state statutes of repose, even though it does preempt certain state statutes of limitation. On June 9, 2014, the Supreme Court ruled in the case of CTS Corp. v. Waldburger, No. 13-339, reversing the Fourth Circuit Court of… Continue reading
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New Report Concludes Water Will Impact Business Growth
A new report “Bridging Concern with Action: Are U.S. Companies Prepared for Looming Water Challenges?” by VOX Global and Pacific Institute concludes 60% of companies surveyed believe water is poised to affect business growth and profitability within five years. In addition, more than 80% say water will affect their decisions on where to locate facilities. Continue reading
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U.S. EPA Hits Pause On CERCLA Vapor Intrusion Regulations
U.S. EPA has voluntarily withdrawn its proposed Hazard Ranking System (“HRS”) rule that would have allowed regulators to list a site on the National Priorities List (“NPL”) solely on the basis of the risks posed by vapor intrusion. The withdrawal occurred after the proposed rule had been sitting at the Office of Management & Budget… Continue reading
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EPA Proposes Regulations To Cut Carbon Emissions From Existing Power Plants
On June 2, 2014, U.S. EPA released proposed regulations aimed at reducing greenhouse gas emissions from existing fossil fuel-fired power plants. The proposed regulations, promulgated pursuant to Section 111(d) of the Clean Air Act, contain two main parts: (1) establishment of state-specific carbon dioxide (CO2) emission performance goals for power plants and (2) requirements for… Continue reading