Kaitlyn R Maxwell

Kaitlyn R. Maxwell focuses her practice on environmental litigation. She advises clients on regulatory compliance issues and represents clients in litigation in state and federal courts. Her work includes litigation of major contamination cases under the hazardous waste and Superfund laws. Kaitlyn also advises clients in transactions involving the sale of contaminated real property.

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Guidance for Voluntary Cleanups and Preserving Potential Contribution Rights

State voluntary cleanup programs have facilitated the cleanup and reuse of contaminated commercial and industrial properties throughout the country. The benefits of cleaning up and reusing contaminated properties are difficult to overstate—these voluntary cleanups promote reuse of existing infrastructure, protect human health, provide economic benefits to the surrounding area and assist in the preservation of … Continue Reading

What Environmental Lawyers Should Know About the Limits of ‘Auer’ Deference

The U.S. Supreme Court recently had the opportunity to overturn Auer deference, Kisor v. Wilkie, No. 18-15, (U.S. June 26, 2019). A 5-4 majority declined to do so, but not without emphasizing the limits of the doctrine. Auer deference refers to the doctrine that a court should generally defer to an agency’s interpretation of agency regulations … Continue Reading

PFAS Solution Moving Through Congress on Must-Pass Defense Bill

PFAS (perfluoroalkyl and polyfluoroalkyl substances) have been under scrutiny on both sides of the Capitol in recent months, and the Senate made significant headway in late June in reaching consensus on PFAS legislation. Following two hearings in the Senate Environment and Public Works (EPW) Committee this spring, a package was unveiled and quickly considered in … Continue Reading

FDA Findings on PFAS Chemicals in U.S. Food and Drinking Water Supply

This week the U.S. Food and Drug Administration (FDA) confirmed it had conducted a study finding that certain types of per- and poly-fluoroalkyl substances (PFAS) have entered American food and drinking water supplies; however, “[c]urrent FDA testing has found that most foods have no or very low levels of PFAS.” The FDA’s efforts are ongoing … Continue Reading

A Busy Time for the New Jersey Department of Environmental Protection – More PFAS Action and NRD Lawsuits

On April 1, 2019, the New Jersey Department of Environmental Protection (NJDEP) proposed drinking water standards for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) that are significantly more stringent than the federal health advisory of 70 ppt. DEP proposed a maximum contaminant level (MCL) of 14 ppt for PFOA and 13 ppt for PFOS. PFOA and … Continue Reading

EPA Announces “Most Comprehensive Cross-Agency Action Plan for a Chemical of Concern” in History of EPA for PFAS

Today, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler announced from Region 3 in Philadelphia, what EPA is describing as the most comprehensive cross-agency action plan for a chemical of concern in the history of EPA – the Action Plan for per- and polyfluoroalkyl substances (PFAS). The PFAS Action Plan has five primary components: … Continue Reading

EPA Concludes Glyphosate is Not Likely to be Carcinogenic to Humans

EPA concluded in draft risk assessments that a widely used herbicide in the United States that controls weeds and grasses— glyphosate—is “not likely to be carcinogenic to humans.”  Importantly, the assessment also “found no other meaningful risks to human health when the product is used according to the pesticide label.”  According to EPA, this finding … Continue Reading

The Margate Dune Project, Cooperative Federalism, and Problems of Litigation Procedure

The current federal administration has expressed a desire to defer largely to states through principles of cooperative federalism.  A recent case involving the dune construction in Margate, New Jersey, offers some insight into the procedural complexities this approach presents for those affected.  Where a state oversees a federally funded project, it is unlikely that one … Continue Reading

Perfluorinated Chemicals – Drinking Water & Fast Food Packaging

Manufacturers, users, and distributors of PFOS and PFOA have faced litigation across the United States by plaintiffs alleging contamination of drinking water.  The claims range from personal injury to diminution of property value.  A recent study of PFAS in fast food packaging suggests possible health concerns associated with using certain PFASs in fast food packaging.  … Continue Reading

Court Weighs In on the ERA After ‘Robinson Township’

The Commonwealth Court of Pennsylvania recently denied a petition seeking declaratory and mandamus relief to require the Pennsylvania Public Utility Commission and a group of executive government officials to regulate greenhouse gases consistent with Article I, Section 27 of the Pennsylvania Constitution.  Funk v. Wolf, No. 467 M.D. 2015 (Pa. Commw. Ct. July 26, 2016).  … Continue Reading

The “Other Yates Memo” and USDOJ’s Enforcement of Worker Safety Laws

On March 15, John Cruden, the Assistant Attorney General for Environment and Natural Resources, gave an address explaining USDOJ’s approach to enforcement of workplace health and safety laws.  This new approach is set out in a memorandum authored by Deputy Attorney General Sally Yates and issued late last year.  In short, criminal enforcement of workplace … Continue Reading

Third Circuit Upholds EPA’s Authority for Chesapeake Bay TMDL

The Third Circuit recently determined that EPA acted within its statutory authority in publishing the Chesapeake Bay TMDL in American Farm Bureau Federation v. United States Environmental Protection Agency, No. 13-4079 (3d Cir. July 6, 2015).  My column for the Pennsylvania Law Weekly discusses the decision and the implications for Pennsylvania, a state that did … Continue Reading
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