CERCLA
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D.C. Circuit Rejects Attempts by Trump Administration to Fast-Track Litigation on EPA Climate Rule
On November 22, 2019, the D.C. Circuit rejected a bid by the Trump Administration to fast-track litigation over the United States Environmental Protection Agency’s (“USEPA”) Affordable Clean Energy Rule governing greenhouse gas emissions from power plants. Continue reading
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U.S. EPA May Require Companies to Report PFAS Releases in TRI Reports
On November 25, 2019, U.S. EPA submitted an advance notice of proposed rulemaking (ANPR) for publication in the Federal Register seeking public comment on whether certain per- and polyfluoroalkyl substances (PFAS) should be added to the list of chemicals subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). Continue reading
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Environmental Groups Collaborate on Launch of National PFAS Clearinghouse
In conjunction with a publicity blitz surrounding the release of “Dark Waters,” a movie targeting alleged environmental and health impacts associated with PFAS releases in Ohio and West Virginia, a group of environmental groups, lawmakers and other advocates of strict PFAS regulations launched a public clearinghouse that is intended to provide consumers with information on… Continue reading
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DoD Quietly Releases PFAS Screening Levels
On October 15th, the Department of Defense (DoD) issued an internal guidance document regarding CERCLA cleanup actions involving per- and polyfluoroalkyl substances (PFAS). Continue reading
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Managing the Great Lakes Seminar—October 29th
Jenner and Block and ELI cordially invite you to attend a seminar titled “Managing the Great Lakes” on October 29, 2019 from 2:00 pm to 5:00 pm (CST) at Jenner and Block’s office (353 N. Clark Street) in Chicago and by webinar. Continue reading
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Recent DOJ Directive Marks Continuing Effort to Curb Availability of Supplemental Environmental Projects in Civil Environmental Settlements
On August 21, 2019, the Department of Justice issue a new memorandum reducing state and local governments’ ability to enter into settlement agreements that require the completion of supplemental environmental projects (SEPs) as compensation for alleged environmental violations. Continue reading
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Available Company Defenses to Climate Change Shareholder Activism: Trends in Climate Change Litigation, Part 5
As noted in Jenner & Block’s prior blog post, Shareholder Activism: Trends in Climate Change Litigation, Part 4, an emerging issue for public companies in high greenhouse gas (“GHG”) emitting industries is increased pressure from environmentally focused “activist shareholders.” These shareholders often seek to leverage their ownership shares to influence companies into taking action to… Continue reading
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How Low Will The Regulators Go: California Sets New PFOA/PFOS Drinking Water Notification Guidelines
On August 23, 2019, California’s State Water Resources Control Board (Water Board) announced updated guidelines for local water agencies for perfluorooactanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water. Continue reading
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California Clarifies Proposition 65 Safe Harbor Warning for Rental Cars
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently adopted amendments to California’s Proposition 65 regulations regarding appropriate warnings for rental vehicles. Continue reading
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EPA Adds Seven Sites to the Superfund National Priorities List
On May 13, 2019, U.S. EPA announced that it is adding seven sites to the Superfund National Priorities List (NPL), which includes the most serious contaminated sites in the country. Continue reading