Contamination

Subscribe to Contamination

Last month, I wrote about the “Environmental Justice for All Act,” a bill that proposes a finding that vulnerable populations are disproportionately burdened by environmental hazards. New Jersey is…
Continue Reading New Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property Values

On June 18, 2020, the Seventh Circuit handed down a decision in a case involving historical environmental contamination that eases the path to federal court for defendants who are haled into state court for acts that occurred while defendants were assisting the federal government. In Sherrie Baker et al. v. Atlantic Richfield Company, E. I. du Pont de Nemours and Company, et al., No. 19-3160, 2020 WL 3287024, — F.3d — (7th Cir. 2020), the court adopted a new standard for federal officer removal, holding that defendants act under color of federal office and are entitled to a federal forum when sued for conduct relating to acts for the federal government, even if the conduct at issue in a particular case only partially implicates the federally directed acts. This decision has consequences that reach beyond defendants facing environmental liability, as did the defendants in Baker, as it could provide an additional avenue to a federal forum for companies that have either been awarded federal contracts, or that supply customers who hold federal contracts.…
Continue Reading 7th Circuit Lowers Removal Hurdle for Defendants That Assisted the Feds

On Feb. 7, New York Governor Andrew M. Cuomo signed legislation regulating the presence of toxic chemicals in children’s products and apparel. The governor agreed to the legislation – the…
Continue Reading New York’s ‘Toxic Toys’ Law: Governor Signs Legislation Regulating Chemicals in Children’s Products, But Changes to the Law Are Already Coming

On Dec. 11, the House of Representatives passed S. 1790, the National Defense Authorization Act (NDAA) conference report. The Senate followed suit on Dec. 17, bringing an end…
Continue Reading Congress Takes Initial Steps to Address PFAS in the National Defense Authorization Act Conference Report

The Environmental Protection Agency recently announced a final rule rescinding major amendments to the Clean Air Act §112(r) Risk Management Program (RMP) regulations that were promulgated at the end of

…
Continue Reading EPA’s Final Risk Management Program Reconsideration Rule More In-Step with OSHA’s Process Safety Management Standards

In the wake of the drinking water crises in Flint, Michigan and elsewhere, the U.S. Environmental Protection Agency (EPA) proposed a rule on Oct. 10, 2019, that would impose new…
Continue Reading After Flint, EPA’s New Lead Rule Proposal May Not Satisfy Critics

The U.S. Environmental Protection Agency (EPA) continues to increase its enforcement role in industrial accidents, at times overshadowing the role traditionally played by the Occupational Safety and Health Administration (OSHA).…
Continue Reading United States Indicts Facility Owner Under Clean Air Act General Duty Clause