By David G. Mandelbaum | September 14, 2023
The case has received some serious attention in the weeks since because Judge Kathey Seely found that the plaintiffs—16 young residents of Montana—had suffered and would suffer injury on account of climate change caused by greenhouse gas emissions in Montana and combustion of fossil fuels extracted from Montana.
7 minute read
By Michael B. Gerrard and Edward McTiernan | September 13, 2023
In their Environmental Law column, Michael B. Gerrard and Edward McTiernan review New York's requirements for long-term property stewardship when residual contamination remains in place. They also discuss recently proposed NYSDEC guidance that will add a requirement to provide financial assurance to these long-term obligations.
10 minute read
By Emily Cousins | September 7, 2023
"I believe this is the first example in a PFAS contamination situation where RICO claims have been allowed to moved forward," Sloss said. "We alleged that they engaged in a series of transactions to ensure unchecked dumping of contaminated byproduct or materials ... and allowing the RICO claims to go through appropriately will make the defendants explain why they shouldn't be held liable for a pattern of racketeering activity."
5 minute read
By Bryan Franey and Brielle Brown | September 7, 2023
This article provides an overview of the areas and projects subject to the EJ Policy, the enhanced public participation and prioritized compliance and enforcement efforts that will be applied to projects subject to the policy, and describes what the regulated community can expect and do to incorporate the policy into project planning and operations.
6 minute read
By Greg Moreman | August 31, 2023
Despite great strides toward better-for-the-world operating procedures, companies might be surprised to learn that they're likely overlooking one area of their business that heavily contributes to its overall carbon footprint — data storage. That's right: storing your company's data generates emissions. And with the continuous increase in data volumes, the impact will likely only grow.
7 minute read
By Maydeen Merino | August 29, 2023
"This is going to result in the narrowest Clean Water Act jurisdiction in at least 30 years," said environmental law attorney Jeffrey Porter.
4 minute read
By Daniel F. Feldman and Jayni F. Hein | August 28, 2023
"We are all witnessing this summer, yet again, record breaking land and ocean temperatures and pervasive wildfire smoke. It's undeniable that climate change is affecting how we live today and how businesses operate. How both the government and the private sector respond is critically important," says Covington & Burling's Jayni F. Hein.
8 minute read
By Amanda Bronstad | August 25, 2023
Rice's appointment, approved on Aug. 22, comes after lawyers reached more than $13.5 billion in settlements with 3M and DuPont that resolves lawsuits over the forever chemical PFAS in public drinking water supplies.
4 minute read
By Amanda Bronstad | August 24, 2023
Rice's appointment, approved on Aug. 22, comes after lawyers reached more than $13.5 billion in settlements with 3M and DuPont that resolves lawsuits over the forever chemical PFAS in public drinking water supplies.
4 minute read
By Varun Shekhar | August 24, 2023
The emergency affirmative defense provision under 40 C.F.R. Parts 70 and 71 originated from rulemaking promulgated by the EPA in 1992. This rulemaking was intended to implement the 1990 amendments to the CAA which established Title V, including requirements for operating permitting programs as applicable to among other things, "major sources."
7 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
