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The Legal Intelligencer

A Risk-Based Approach to Protect Communities

The Framework encourages EPA programs to consider the totality of exposures to chemical and nonchemical stressors affecting human health and the environment, together with vulnerabilities and susceptibilities that may increase the likelihood that exposures will result in illness or other injuries. By engaging with communities and considering the cumulative effects of an action on the exposed population, the EPA can best protect citizens from environmental injuries.
7 minute read

New Jersey Law Journal

A Survey of Environmental and Clean Energy Case Law in 2024

In 2024, the New Jersey courts continued to have an active role in shaping and defining environmental and clean energy law. This article provides a survey of this year’s decisions.
13 minute read

International Edition

Simmons & Simmons Make Waves with 'Legal Personhood' Initiative for Whales

The bill aims to grant legal 'personhood' to whales and other aquatic mammals.
2 minute read

The Legal Intelligencer

The 'Roundup' Round-Up: Will a Recent Third Circuit Ruling Spell the End for Roundup Products Liability Litigation in Pa. State Courts?

Over 100,000 cases have been brought against Monsanto Corp. nationwide, claiming its Roundup weed-killer contains a carcinogenic active ingredient, namely, glyphosate. Hundreds of such cases are pending in Pennsylvania alone. But for over 30 years, the U.S. Environmental Protection Agency (EPA) has found evidence of glyphosate’s noncarcinogenicity for humans, and in 2015, the EPA determined “that glyphosate is not likely to be carcinogenic to humans.
9 minute read

National Law Journal

From ‘Unregulated’ to ‘A Matter of Great Concern’: PFAS Regulation under Biden

“It wouldn't surprise me at all ... if [the challenge to naming PFOA and PFOS as hazardous] goes up all the way to the Supreme Court just because it is somewhat novel in terms of the statutory provision that EPA is relying upon,” said William Boyd, a law professor at the University of California, Los Angeles.
5 minute read

Texas Lawyer

Environmental Fines: Texas Secures Over $100M From Petrochemical Processor TPC Group

Following an EPA $30.1 million settlement, Texas announced its own settlement for over $100 million with TPC Group.
3 minute read

National Law Journal

Biden Has Few Ways to Protect His Environmental Legacy, Say Lawyers, Advocates

“If you can't block repeal, you can at least add more speed bumps," said Berkeley School of Law professor Daniel Farber.
3 minute read

New York Law Journal

When It Comes to Local Law 97 Compliance, You’ve Gotta Have (Good) Faith

New York City building owners faced with compliance obligations under New York City Local Law 97 of 2019’s strict greenhouse gas emissions caps are finding little relief from the law’s alternate compliance options. Rusty Pomeroy reviews the current state of play for some of Local Law 97’s built-in alternate compliance methods and discusses the DOB’s recent rulemaking establishing the “good faith efforts” requirements.
8 minute read

Connecticut Law Tribune

Pike Fuels Agrees to Pay $2 Million Settlement to Resolve Alleged New Haven Environmental Violations

The alleged violations occurred at Pike Fuels' New Haven petroleum distribution facility, which were discovered during an investigation by the Department of Energy and Environmental Protection Agency in 2019.
2 minute read

New York Law Journal

Are Federal and State Superfund Laws the Best Way to Address Microplastics?

Litigation related to plastics and microplastic pollution is on the rise. Plaintiffs have brought claims under numerous theories of liability. The state of New York’s common law nuisance claims against PepsiCo were recently met with disdain. The court summarily dismissed New York’s case calling it a “predatory lawsuit” that without a statutory claim was “simply policy idealism.” Some parties have raised the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as a statute to regulate microplastics. But is CERCLA really applicable to microplastics?
10 minute read

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