Podcast - Hot Topics in Nuclear Waste
Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws. In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is...more
A United States District Court (E.D. California) (“Court”) addressed in a July 31st Order a federal question jurisdiction issue arising out of a Federal Resource Conservation and Recovery Act (“RCRA”) judicial action. See...more
B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here). In this edition, our litigation team examines various issues relating to...more
On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource...more
In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more
The proposed rules would expand the RCRA Corrective Action regime to PFAS and potentially other emerging contaminants. They may complicate ongoing compliance efforts as well as lead to significant value chain impacts....more
On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more
On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more
On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at...more
While I was on vacation last week, EPA proposed to identify as “hazardous constituents” nine of the “forever chemicals" known collectively as PFAS. EPA's proposal will now be subject to public comment before perhaps being...more
Last week, the U.S. Environmental Protection Agency (EPA) issued two new proposed rules, which further expand EPA’s regulatory oversight of per- and polyfluoroalkyl substances (PFAS). The first rule would modify the...more
On January 31, 2024, the Environmental Protection Agency ("EPA") proposed two new rules that would add nine per- and polyfluoroalkyl compounds (known as "PFAS") to its list of hazardous constituents regulated under the...more
Yet another new horizon looms for PFAS litigation. Numerous PFAS claims, like those involving deceptive trade practices due to PFAS in food packaging, seldom withstand a motion to dismiss, but the emergence of a novel...more
Earthjustice and a number of other organizations sent the United States Environmental Protection (“EPA”) a document on August 31st styled: 60-day Notice of Intent to Sue for Failure to Perform Non-Discretionary Duty...more
District of Columbia AG Brian L. Schwalb settled with Potomac Electric Power Company (PEPCO) for $57 million, the largest environmental settlement in D.C. history, to resolve allegations that the energy company released toxic...more
The Biden administration today finalized its definition of which wetlands and waterways are protected by the Clean Water Act. The rule from the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers...more
California AG Rob Bonta, along with five district attorneys, reached a settlement with the supermarket chain Safeway to resolve allegations that Safeway violated the California Health and Safety Code and state environmental...more
In his latest report, the sixth in a series of thematic reports, Professor David Boyd, the UN Special Rapporteur on Human Rights and the Environment celebrates a turning point in the evolution of human rights: the October 8,...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more
New Jersey has been a leader in addressing the most significant environmental problems of the day. Decades ago, for example, four years before the enactment of CERCLA, the state’s Spill Compensation and Control Act prohibited...more
New York AG Letitia James and the New York State Department of Environmental Conservation (“DEC”) reached a settlement with auto parts manufacturer American Axle & Manufacturing, Inc. (“American Axle”) to resolve allegations...more
EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more
The Texas Commission on Environmental Quality (“TCEQ”) has issued regulatory guidance regarding the transportation, treatment and disposal of Coronavirus Disease 2019 (“COVID-19”) medical waste....more
The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more