The U.S. Supreme Court held in Monsanto Co. v. Durnell that FIFRA preempts state-law failure-to-warn claims where the EPA has not required the warning at issue, resolving a circuit split and potentially limiting tort liability for pesticide registrants.
Continue Reading SCOTUS Holds FIFRA Expressly Preempts State Law Failure to Warn Claims
There are instances where the EPA is applying or plans to apply AI in connection with its regulatory functions. Stakeholders should be aware of what EPA has done to date and its future plans.
The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or
Continue Reading What Difference Will Listing ‘Forever Chemicals’ as Hazardous Substances Make?
The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of
Continue Reading The Top 5 New Environmental Issues for Commercial Property Owners or Managers
NOTE: The EPA will be hosting a webinar on this topic on Nov. 2 at 2:00 p.m. EST.
On Oct. 18, 2021, United States Environmental Protection Agency (EPA) Administrator
Continue Reading Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups
Indicating its intention to move forward aggressively to address growing legacy chemical concerns, the U.S. Environmental Protection Agency in February took two steps towards regulating certain per- and polyfluoroalkyl substances
Continue Reading Biden EPA Moving Forward with National Drinking Water Regulations for PFOA and PFOS
Pennsylvanians have called for action on climate change and resource reuse in the commonwealth. Although the commonwealth has delayed action on a number of “zero waste” bills, Pennsylvania recently took
Continue Reading Pa.’s Advancement of Waste Reduction and Recycling: Amendments to the SWMA
During the COVID-19 pandemic, as large and small businesses alike struggle to stay afloat while acting responsibly to protect public health, sustainability may not be top-of-mind. But the development and
Continue Reading EPA Commences Public Comment on Recycled-Content Product List – It May be More Relevant Than You Think
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
Continue Reading Guidance for Voluntary Cleanups and Preserving Potential Contribution Rights
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
Continue Reading What Environmental Lawyers Should Know About the Limits of ‘Auer’ Deference