Indiana Federal Court Rules That Citizen Suit Seeking To Compel Remediation On The Basis Of Historical RCRA Violations Was Precluded
A recent decision out of the Northern District of Indiana found that a citizen suit brought under RCRA Section 7002(a)(1)(A) was unavailable for contamination that... Read more.
Insurer Unable To Step Into CERCLA Shoes Of Insured
A recent Ninth Circuit decision limited the ability of an insurer to seek CERCLA contribution and/or cost recovery from potentially responsible parties ("PRPs").... Read more.
Pacific Ocean—Next CERCLA NPL Site?
The Center of Biological Diversity ("CBD") has filed a petition with U.S. EPA seeking to add the Northwestern Hawaiian Islands and waters of the Pacific Ocean within... Read more.
DOJ Not Required To Produce Interagency Memorandum in CERCLA Case
A recent Seventh Circuit decision rejected a PRP's efforts to obtain interagency memorandum and other communications between the Environmental Enforcement and the... Read more.
Illinois Working On Development Of Fracking Regulations
Although leases have been signed thousands of acres of land in southern Illinois, oil and gas companies have yet to aggressively initiate hydraulic fracturing in... Read more.
U.S. EPA Releases Chemical Data Reporting Information
On February 11, 2013, U.S. EPA released 2012 Chemical Data Reporting (“CDR”) information on more than 7,600 chemicals in commerce.... Read more.
Will Ninth Try Be The Charm?—DTSC Issues Ninth Draft Of Green Chemistry Regulations
California's Department of Toxic Substances Control ("DTSC") issued its ninth draft of the Green Chemistry Initiative in an effort to respond to industry criticisms... Read more.
Post-Sackett Challenge to U.S. EPA RCRA Order
Prior to the Supreme Court's decision in Sackett v. EPA, pre-enforcement challenges to unilateral orders were unsuccessful because courts determined that such orders... Read more.
Environmental Group Files Protective Lawsuit Challenging Logging Road Rule
On January 4, 2013, the Northwest Environmental Defense Center ("NEDC") filed a Petition for Review of U.S. EPA's recently promulgated final rule which clarified... Read more.
ORM-D Authorization Extended Through 2020
On January 7, 2013, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a final rule extending authorization of the ORM-D classification... Read more.