[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Since the last half of 2020, the Connecticut Department of Energy and Environmental Protection (DEEP) has been working with a statutorily created working group to develop Release-Based Cleanup regulations, as contemplated by...more
On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more
A broad range of reactions – from celebratory to alarmist – describe the workforce reductions and regulatory rollbacks proposed or currently underway at the U.S. Environmental Protection Agency (EPA). Notable concerns...more
The New Jersey Department of Environmental Protection (NJDEP) has amended the Ground Water Quality Standards (GWQS), effective on February 3, 2025. The rule, as adopted, does not differ substantially from the January 2024...more
In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more
In December 2024, the Good Samaritan Remediation of Abandoned Hardrock Mines Act became law. Lauded by the National Mining Association as “the final step in securing a key solution to tackle the long-overdue cleanup of legacy...more
In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more
Retail leasing attorneys face particular challenges when it comes to managing environmental liability, in large part because of the misconception that prospective commercial tenants cannot be held legally responsible for...more
The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more
Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more
In the absence of binding federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for site...more
Per- and polyfluoroalkyl (PFAS) pollution has presented challenges to companies, governments and landowners worldwide. However, a recent study conducted by researchers at Northern Michigan University discovered a possible...more
New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more
...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more
As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more
On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
On June 1, 2022, the Louisiana Supreme Court issued a significant ruling in the legacy litigation arena, settling once and for all the issue of what damages are available to landowners in oil and gas remediation lawsuits...more
The Knesset Finance Committee, headed by MK Alex Kushnir (Yisrael Beitenu), recently approved a mechanism for compensation for the rehabilitation of industrial waste damages caused by Rotem Amfert (of the ICL Group). The...more
The Alberta Energy Regulator introduced the proposed Manual XXX: Contamination Management on July 7, 2021. This manual is intended to assist companies in understanding the requirements and expectations under the Remediation...more
On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more
The regulated community received some clarity from the New York State Department of Environmental Conservation (NYSDEC) this week on whether activities to respond to, investigate, and remediate contamination are “essential”...more
Many businesses that are considered non-essential have been ordered to suspend operations during the coronavirus pandemic. As a result, planned work at remediation sites may not be able to proceed on schedule. Work may...more
On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2,” will...more
On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more
Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more