News & Analysis as of

Oil & Gas Comprehensive Environmental Response, Compensation and Liability Act

Lowenstein Sandler LLP

Petroleum Exclusion Reaffirmed Despite Assertions of Hazardous Substances Within It: Middle District of North Carolina CERCLA...

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On May 8, the Middle District of North Carolina granted summary judgment dismissing cost recovery and declaratory judgment claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Announces Sweeping Deregulatory Agenda: The Complete Set of EPA’s 31 Actions and Affected Environmental Regulations

In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation - Updated 3.6.25

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On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Fox Rothschild LLP

New York’s Climate Change Superfund Act: What You Need to Know

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On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation

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On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

DarrowEverett LLP

The Future of U.S. Environmental Regulation: What to Expect in 2025

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While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as...more

Oliva Gibbs

Lessons in Chemistry: SCOTUS Declines Review in OPA Case

Oliva Gibbs on

The U.S. Supreme Court has declined to hear an appeal addressing whether a mixture of petroleum and chemicals constitutes “oil” under the Oil Pollution Act (OPA). In doing so, the Court has effectively rejected the efforts of...more

Foley Hoag LLP - Environmental Law

Oil and Hazardous Substances; Never the Twain Shall Meet

Late last month, in Munoz v. Intercontinental Terminals Company, the 5th Circuit Court of Appeals held that the liability provisions of CERCLA and the Oil Pollution Act do not overlap and that, consequently, where oil and...more

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

Refinery/CERCLA: Federal Appellate Court Addresses Whether United States Controls During World War II Established it as an...

Co-Author: Elizabeth Strickland The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) addressed in a June 23rd Opinion the scope of the Comprehensive Environmental Response, Compensation, and Liability...more

Bricker Graydon LLP

What is an “Energy Community” - IRS Provides Guidance on Key Aspect of the Inflation Reduction Act

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The Inflation Reduction Act (IRA) has been called the most aggressive climate investment ever undertaken by the U.S. Congress. With approximately $370 billion dollars in funding over the next 10 years, it is projected that...more

Allen Matkins

California Environmental Law & Policy Update - 4.21.23 #3

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) is considering expanding the number of per- and polyfluoroalklyl substances (PFAS) compounds classified as “hazardous substances” under the Comprehensive Environmental Response,...more

Allen Matkins

California Environmental Law & Policy Update - May 2021 #4

Allen Matkins on

State issues proposal to ban hydraulic fracturing - The Bakersfield Californian – May 24 - California oil regulators last Friday publicly released a draft rule that would ban hydraulic fracturing, commonly known as...more

Williams Mullen

EPA Says No Risk from CERCLA Financial Assurance Exemptions for Three Named Industries

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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

Morgan Lewis

Oil Companies Must Pay Nearly $50M to United States for WWII Environmental Pollution Cleanup

Morgan Lewis on

The US District Court for the Central District of California issued an opinion on December 10 in the decades-long fight between the US Environmental Protection Agency and several oil companies over payment of the United...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2019

TSCA/FIFRA/TRI - EDF Reports That EPA Has “Muzzled” SACC: The Environmental Defense Fund (EDF) published a September 16, 2019, blog item entitled “EPA’s latest move to deflect criticism of its TSCA risk evaluations: Muzzle...more

Pillsbury - Policyholder Pulse blog

Environmental Closure Costs Are Covered! (And Are Not Ordinary Costs of Doing Business)

Insurers have recently argued that environmental property damage claims for “closure” costs arising out of historic pollution are not covered, because the claimed damages are just “ordinary costs of doing business.”...more

Sullivan & Worcester

PFAS Regulatory Update

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As in previous postings, we discuss recent state regulatory initiatives aimed at addressing groundwater and drinking water contamination by per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals...more

Perkins Coie

Washington State Legislature Increases Hazardous Substance Tax, Providing Additional Funds to Address Contaminated Sites

Perkins Coie on

In the waning hours of the 2019 session, the Washington Legislature narrowly passed SB 5993, which increases the tax on petroleum that primarily funds the state’s contaminated site cleanup program, protects the funds from...more

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

Solid and Hazardous Waste Judicial/Regulatory Developments (2018-2019): Arkansas Environmental Federation Presentation...

I undertook a presentation on April 17th at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste Judicial/Regulatory Developments: 2018 – 2019 - The discussion addressed...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petition to Object to Commerce City, Colorado, Refinery

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to a Petition requesting objection to the issuance of a Title V operating permit (“Permit”) for the Suncor Energy...more

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

Perfluorinated Chemicals: Federal Legislation Introduced to Designate PFAS as CERCLA Hazardous Substances

Federal legislation has been introduced into the United States House of Representatives to designate all PFAS chemicals as Comprehensive Environmental Response Compensation Liability Act (“CERCLA”or “Superfund”) hazardous...more

Williams Mullen

Environmental Notes - January 2019

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EPA recently released a final regional office realignment plan in response to President Trump’s March 2017 Executive Order 13781. That order required EPA and other federal agencies to improve efficiency, effectiveness, and...more

King & Spalding

U.S. Fifth Circuit Broadly Defines Vessel “Operator” Under the Oil Pollution Act

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There are few questions more important in the context of oil spill liability than who constitutes a Responsible Party under the U.S.’s Oil Pollution Act (OPA). Recently, the U.S. Court of Appeals for the Fifth Circuit in...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Madison, Minnesota Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more

King & Spalding

Energy Newsletter - January 2018

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Gas Market Reform in Asia: an Update on the Implementation of Third Party Access to LNG Import Terminals - The rise of natural gas and LNG in Asia continues apace, fuelled by a convergence of plentiful global LNG supply,...more

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