Real Estate and Environment
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EPA To Begin Superfund Adaptive Management Pilot Program
Under the Trump Administration, EPA has expressed a renewed focus on the Superfund program and making sure that site cleanups operate optimally. The Superfund Task Force has made a number of recommendations, including recommending that EPA “Promote the Application of Adaptive Management at Complex Sites” and “Broaden the Use of Adaptive Management (AM) at Superfund… Continue reading
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Fracking Industry Warns of “Devastating Effects” from Pennsylvania Court Ruling
On April 2, 2018, the Pennsylvania Superior Court issued a potentially groundbreaking decision by holding that trespass and conversion claims arising from hydraulic fracturing are not precluded by the rule of capture. Continue reading
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Who Wants to Buy a Superfund Site?
On July 25, 2017, Environmental Protection Agency (“EPA”) administrator Scott Pruitt’s “Superfund Task Force” issued a final report revealing the Task Force’s recommendations for streamlining the remediation process of over 1,300 Superfund sites currently overseen by the EPA. Continue reading
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EPA “Year in Review”
On Monday, March 5, 2018, EPA issued a report titled EPA Year in Review 2017-2018. Continue reading
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Imagine a Day Without Water
Today recognizes the third annual Imagine a Day Without Water event to raise awareness and educate America about the value of water. Over 500 organizations, cities, water authorities, and corporations have joined together once again to focus attention on the importance of this valuable resource and the critical need to upgrade and improve water infrastructure… Continue reading
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Third-Annual Environmental Attorney Reception at Jenner on Thursday 9/14
On Thursday, September 14th, from 5 pm to 7 pm, environmental attorneys and professionals will come together for a networking reception at Jenner & Block’s offices in Chicago. Complimentary food and drinks will be provided thanks to the event’s sponsors. Continue reading
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Hurricane Harvey Response: TCEQ Suspends Environmental Rules
As the cleanup, rebuilding, and recovery continues in the aftermath of Hurricane Harvey, there has been increasing news coverage about the environmental consequences resulting from impacts of this devastating storm in Texas. We have all seen the coverage on the Arkema SA chemical plant explosion and fire in Crosby, Texas, as well as this weekend’s… Continue reading
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DHS Waives Environmental Laws to Construct San Diego Border Wall
The Department of Homeland Security announced yesterday its plans to waive numerous environmental laws to allow more expedient construction of barriers and roads in the vicinity of the international border near San Diego. The decision was signed by then DHS Secretary John Kelly and applies to a 15-mile border segment in San Diego where the… Continue reading
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Renegotiation of NAFTA Includes Environmental Considerations
The Trump Administration signaled its plans to renegotiate the 1994 North American Free Trade Agreement (NAFTA) by issuing the Summary of Objectives for the NAFTA Renegotiation this month. President Trump committed to renegotiate NAFTA in order to obtain more open, equitable, secure, and reciprocal market access with our two largest export markets in Canada and… Continue reading
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EPA’s AAI Requirement References Updated ASTM AAI Standard
EPA issued a direct final rule to amend the requirements for conducting All Appropriate Inquires (AAI) to qualify for the Bona Fide Prospective Purchaser (BFPP) defense under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The direct final rule allows for the use of ASTM International E2247-16, Standard Practice for Environmental Site Assessments: Phase… Continue reading