The Legal Intelligencer | Commentary
By Jillian C. Kirn | November 15, 2018
On Oct. 25, Syracuse University's Transactional Records Access Clearinghouse (TRAC) reported that federal criminal prosecutions under environmental laws dropped 10 percent in the 2018 fiscal year from 2017 levels.
The Legal Intelligencer | Commentary
By Kathleen M. Kline | October 18, 2018
The U.S. Court of Appeals for the Sixth Circuit last month contributed two opinions to the growing cacophony over Clean Water Act (CWA or the act) jurisdiction, both holding that the act does not regulate pollution that reaches surface water via groundwater.
The Legal Intelligencer | Commentary
By Justin H. Werner | September 20, 2018
On Aug. 29, the Pennsylvania Supreme Court declined to accept discretionary appeals in two separate cases (No. 952 C.D. 2017 and No. 942 C.D. 2017) relating to the construction of the Mariner East 2 pipeline
The Legal Intelligencer | News
By Zack Needles | September 13, 2018
Natural gas producer EQT had sought to refute the findings of the state Department of Environmental Protection's expert hydrogeologist that there were daily releases of contaminated wastewater into the groundwater from one of the company's impoundments.
The Legal Intelligencer | News
By Zack Needles | September 6, 2018
An oil and gas drilling regulation that sought to cure a fatal flaw in a section of Act 13 has met its demise as a result of that earlier defect.
The Legal Intelligencer | Commentary
By Robert L. Collings | July 30, 2018
President Donald Trump has declared it his goal to reduce the number of rules and the impact of the federal regulatory system, especially the EPA's rules. His EPA administrator fervently embraces those goals.
The Legal Intelligencer | Commentary
By Steve Hann | July 26, 2018
Most environmental law practitioners are familiar with the federal Clean Water Act's (CWA) National Pollutant Discharge Elimination System's (NPDES) permitting program and the types of discharges subject to the program.
The Legal Intelligencer | Commentary
By Bernadette M. Rappold | May 10, 2018
Buried within last December's massive Tax Cuts and Jobs Act of 2017, Pub. L. No. 115–97, 131 Stat. 2054 (TCJA), is an obscure provision that may change the litigation and settlement calculus for companies facing environmental enforcement actions.
The Legal Intelligencer | Commentary
By Jillian C. Kirn | April 12, 2018
In two recent decisions, Hawai'i Wildlife Fund v. County of Maui and EQT Production v. Department of Environmental Protection, courts have considered the nuances of “water-to-water theory” and what constitutes a single discharge.
By Charles Toutant | April 6, 2018
In the nation's first trial where a jury linked Johnson & Johnson's talc products to mesothelioma, the company's efforts to discredit the plaintiffs' evidence simply fell flat.
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