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The Legal Intelligencer

Environmental Justice: Past, Present and Future

One of the most significant policy developments to emerge in recent years is the concept of environmental justice or "EJ." Indeed, we have been knee-deep in EJ policies, legislation, and regulations at the federal, state, and local levels.
6 minute read

New York Law Journal

Are Superfund Sites Ever Really Closed?

Superfund Sites are notorious for taking a long time to resolve. But are they ever really closed? Superfund settlements are intended to provide settling parties with finality. The incorporation of reopener clauses in Superfund settlement agreements, typically required by EPA, and changes in the regulation of contaminants can undermine this goal. EPA's recent decisions to list certain PFAS chemicals as hazardous substances, revise the risk evaluation for 1,4,-dioxane, and lower risk levels for lead have dramatically increased the likelihood that Superfund Sites across the country may be reopened.
10 minute read

International Edition

Leigh Day Cleared of Wrongdoing in £55M Shell Settlement with Nigeria

London's High Court dismissed unauthorized disbursement claims against law firm Leigh Day related to a £55 million settlement over an oil spill in Nigeria.
2 minute read

Corporate Counsel

Former J. Crew GC Comes Up Empty in Wrongful Termination Case Against Retailer

An attorney for Maria Di Lorenzo on Friday vowed to appeal, asserting that arbitrator John Lifland's ruling is "riddled with errors" and "ignored clear legal principles."
5 minute read

The Recorder

Walmart agrees to pay $7.5 million to settle California suit over hazardous waste

The unlawful disposals are alleged to violate the Hazardous Waste Control Law, Medical Waste Management Act, and Unfair Competition Law.
3 minute read

International Edition

London Trial Against BHP for Role in Brazil Mining Disaster Begins

The long-awaited trial, fueled by litigation funding, kicked off with accusations that global mining giant BHP knew that an excessive amount of toxic sludge was being held in a dam that burst in 2015, killing 19 and contaminating communities in southeastern Brazil. Plaintiffs are asking for £36B (US$46.7 billion) in damages.
3 minute read

National Law Journal

Must EPA Challenges Go to DC Circuit? Supreme Court Will Decide

The Biden administration is seeking to block the conservative U.S. Court of Appeals for the Fifth Circuit from hearing a challenge from several small oil refineries to renewable fuel standards.
3 minute read

The Recorder

State Water Resources Control Board's Evolving Role: Balancing Groundwater Sustainability With Property Rights

This article explores the SWRCB's evolving role and how its enforcement actions under SGMA intersect with property owners' groundwater rights, especially considering potential regulatory takings claims.
8 minute read

National Law Journal

Justices Won't Block EPA's New Carbon Storage Rule, For Now

The U.S. Supreme Court on Wednesday shot down an attempt to block the Biden administration's aggressive new carbon reduction targets for power plants,…
4 minute read

National Law Journal

Supreme Court Grapples With San Francisco's Aging Sewer System in EPA Case

The Environmental Protection Agency has been at loggerheads with the city in recent years over what the federal agency calls a "failing" sewer system.
6 minute read

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