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Environmental Trends Contributors

19 November 2019

Supreme Court Could Clarify Intersection Between CERCLA and State Law

On December 3, 2019, the U.S. Supreme Court will hear argument in Atlantic Richfield Co. v. Christian, et al., a case that raises the question of whether landowners may bring state-law causes of action to force Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) parties to go beyond what the Environmental Protection Agency (EPA) has ordered them to do. CERCLA allows EPA to investigate and clean up contaminated sites and to recover its costs from persons and entities (potentially responsible parties, or PRPs) that have a connection to these sites. When faced with government action at a site, PRPs sometimes elect to perform these investigations and remedial actions themselves. (more…)

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05 November 2019

Sidley Environmental Trends

Topics discussed this week:

  • A wave of litigation begins as both supporters and opponents of the Trump administration’s repeal of the Obama-era Clean Water Rule file suit
  • D.C. Circuit declines to review EPA’s revised midterm evaluation of auto GHG standards but reminds agency of need to provide reasoned explanation to revise the standards
  • Interior Department finalizes FOIA rules

(more…)

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08 October 2019

Sidley Environmental Trends

Topics discussed this week:

  • California-EPA feud over air and water programs escalates
  • States sue Trump administration over Endangered Species Act rule changes
  • D.C. Circuit acts on EPA “good neighbor” regulation governing 2008 ozone standard
  • Sierra Club sues EPA alleging agency has failed to enforce “good neighbor” requirements for 2015 ozone standard

(more…)

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26 August 2019

Sidley Environmental Trends

Topics discussed this week include

  • DOJ limits use of supplemental environmental projects in settlements with state and local governments
  • D.C. Circuit limits EPA’s ability to roll back or freeze ozone national ambient air quality standards
  • Trump administration updates Endangered Species Act regulations
  • Citizen suit alleging a permit was issued or extended in violation of state and federal regulations cannot be brought against the holder of a valid permit

(more…)

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29 July 2019

Sidley Environmental Trends

Topics discussed this week include:

  • Interest groups kick off challenges to EPA’s Affordable Clean Energy rule
  • D.C. Circuit upholds EPA decision not to impose new financial assurance requirements on hardrock mining operators
  • Fourth Circuit vacates Atlantic Coast Pipeline permit
  • EPA declines to ban the pesticide chlorpyrifos
  • Maryland high court holds that state agency supersedes county zoning boards on solar zoning

(more…)

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03 July 2019

Sidley Environmental Trends

Topics discussed this week:

  • EPA finalizes Clean Power Plan repeal and promulgates Affordable Clean Energy rule
  • U.S. Senate passes defense bill with PFAS requirements
  • Council on Environmental Quality issues draft guidance on considering GHGs in environmental impact reviews
  • Solicitor General asks for Supreme Court review of Atlantic Coast Pipeline decision
  • EPA air chief steps down

(more…)

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18 June 2019

Sidley Environmental Trends

Topics discussed this week include

  • Trump executive order directs agencies to reduce federal advisory committees
  • D.C. Circuit dismisses Clean Air Act Title V challenge
  • Michigan AG office drops pending Flint water crisis criminal charges
  • EPA updates FY2020-23 National Compliance Initiatives
  • Department of the Interior restores federal mineral lease fees to Obama-era levels
  • TVA agrees to close coal ash pit at Gallatin Fossil Plant

(more…)

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