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When a responsible party agrees to clean up a contaminated site under many programs, the government often demands that it provide financial assurance for the completion of the work. When hazardous substances will remain on the site, the site may require response in perpetuity. Can one specify an amount of financial assurance to secure the forever cleanup? Earlier this spring, the Pennsylvania Commonwealth Court considered that question in a case involving cleanup of a site in Ford City. See PennEnvironment v. Department of Environmental Protection, No. 566 C.D. 2024 (Pa. Commw. Ct. Mar. 11, 2025).

Continue Reading Financial Assurance for Cleanup in Perpetuity

California Senate Bill (SB) 707, also known as the Responsible Textile Recovery Act of 2024 (Act), establishes an extended producer responsibly (EPR) program for apparel and textiles, the first such program directed at apparel and textiles in the United States.

Continue Reading California Creates Extended Producer Responsibility Program for Textiles

Since January, the new national administration has engaged in a large number of actions addressing scores or hundreds of regulations and programs, including environmental and energy programs. However, environmental lawyers have surely noticed that the federal Superfund program under the Comprehensive Environmental Response, Compensation and Liability Act seems to have escaped direct attention.
Continue Reading Superfund Is Unscathed So Far—What Does That Imply?

On June 11, 2025, EPA issued a proposed rule that repeals carbon pollution standards for new and reconstructed gas turbines and existing and modified coal and oil/gas-fired units.
Continue Reading EPA Proposes Rescission of Power Plant GHG Standards Under Clean Air Act Section 111

On May 14, 2025, the House Ways and Means Committee approved its markup of H.Con.Res.14, 119th Cong., 2025 (House Bill), which includes proposed changes that would modify substantially the clean energy tax incentives expanded by the IRA.
Continue Reading House Proposes Cutbacks to Clean Energy Tax Credits

In an 8-0 decision, the U.S. Supreme Court reversed a D.C. Circuit ruling that had blocked construction of a new 88-mile freight railroad line, clarifying the scope of impacts that federal agencies must consider under the National Environmental Policy Act (NEPA).
Continue Reading Landmark Supreme Court Decision Limits NEPA Review Scope: Agencies Granted ‘Substantial Deference’ in Environmental Assessments