Toxic Tort
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EPA Proposes Hazardous Waste Delisting For John Deere
EPA recently proposed to exempt 600 tons of wastewater treatment sludge filter cake from regulation as a RCRA hazardous waste. 79 FR 49253 (August 20, 2014). EPA’s action follows John Deere’s filing of a delisting petition on January 28, 2014 seeking to exempt these F006/F019 wastes generated at the John Deere Des Moines Works in… Continue reading
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CA Drought/New Water Supply Reports
The Association of California Water Agencies (ACWA) recently issued a new report titled “2014 Drought: Impacts and Strategies for Resilience” for building a statewide water management system more resilient to drought. At the same time, the Natural Resources Defense Council and the Pacific Institute released a new report titled “The Untapped Potential of California’s Water… Continue reading
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Great Lakes Restoration Grants Available
EPA recently issued a Request for Applications soliciting proposals from states, municipalities, tribes, universities and nonprofit organizations for Great Lakes Restoration Initiative grants to fund new projects to restore and protect the Great Lakes. Up to $27.5 million will be available during the current funding cycle. Grants will be awarded on a competitive basis for… Continue reading
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Appellate Court Rejects Challenge To NPL Listing
A recent decision from the U.S. Court of Appeals for the D.C. Circuit rejected a challenge to U.S. EPA’s decision to list a site on the National Priorities List (“NPL”), finding that although the petitioner had standing to challenge the NPL listing, it had impermissibly relied on information that was not contained in the administrative… Continue reading
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Jenner & Block Leads ABA Teleconference on Environmental Cases in the Supreme Court
On Thursday, July 17, 2014 from 12:00 p.m. – 1:30 p.m. (Eastern Standard Time), the Constitutional Law Committee of the ABA’s Section of Environment, Energy, and Resources (SEER), will present a teleconference on “Supreme Court Year in Review: The Environmental Cases.” Alexander Bandza, Associate at Jenner & Block LLP, will moderate the teleconference, which will… Continue reading
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Illinois Appellate Court Rules That Workers’ Compensation Exclusivity Not A Bar To Subsequent Personal Injury Claim
In a case of first impression in Illinois, an Illinois Appellate Court allowed a plaintiff to pursue asbestos personal injury claims against his employer, finding that the plaintiff was not limited to seeking redress under Illinois’ workers’ compensation laws. In the matter of Folta v. Ferro Engineering, the plaintiff was allegedly exposed to asbestos while… Continue reading
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New SEC Climate Disclosure Search Tool
Ceres and CookESG Research have launched a new search tool allowing easier access to companies’ climate change-related disclosures to the U.S. Securities Exchange Commission (SEC). The SEC Climate Disclosure Search allows searching by year, company, ticker, industry group or stock index as well as environmental themes such as energy/fuel efficiency, climate and fossil fuel extraction… Continue reading
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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