News & Analysis as of

Citizen Suits Hazardous Substances

Lowenstein Sandler LLP

TSCA Citizen Suit and Public Nuisance Claims Dismissed by EDNY

On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Toxic Substances Control Act: Public Employees for Environmental Responsibility Notice of Intent to Sue U.S....

Two environmental organizations sent a May 17th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to File Suit to Compel Performance of a Non-Discretionary Duty Under Section...more

Foley & Lardner LLP

Revival of the General Duty Clause

Foley & Lardner LLP on

In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

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