In a rare occurrence, two appellate courts have recently weighed in on natural resources damages (NRD) claims, providing fresh insights into this evolving area of law. The U.S. Court of Appeals for the First Circuit’s October decision in United States v. Ernst Jacob GmbH & Co. under the Oil Pollution Act, alongside a September Ninth Circuit ruling under CERCLA, mark significant developments for NRD litigation and policy.
Continue Reading Agency Deference and Natural Resources Damages
In January, the Pennsylvania Supreme Court issued an opinion that may require environmental practitioners to reconsider how they think about the Environmental Hearing Board. Cole v. Pennsylvania Department of Environmental
Continue Reading Reconsidering How the Environmental Hearing Board Fits
Cape Cod has a problem with nitrogen pollution of its embayments and waterways. The solution that Massachusetts began to implement on July 7 may offer some lessons for Pennsylvania practitioners.
Continue Reading Pa. Lessons From the New Massachusetts Rules for Cape Cod On-Lot Sewage Systems
I recently finished P. David Allen II’s and Susan Campbell’s new book Paper Valley: The Fight for the Fox River Cleanup (Wayne State Univ. Press 2023). Allen was a wildlife biologist in
Continue Reading Lessons from Someone Else’s Book About a Big Matter I Handled
When your neighbor’s property is contaminated, the environmental regulators may want access to your property to investigate whether the contamination has affected your property. You may have business reasons not
Continue Reading Penalties Under CERCLA for Denying EPA Access to Test
On Oct. 9, 2021, California Gov. Newsom signed into law Assembly Bill 1346, which will require the California Air Resources Board (CARB) to develop regulations to prohibit engine exhaust
Continue Reading California Air Resources Board Announces Rulemaking Regarding Small Off-Road Engine Regulations
On Sept. 8, 2021, the United States Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (“ANPRM Notice”) addressing possible future regulation of pyrolysis and gasification
Continue Reading EPA Proposes to Regulate Chemical Recycling Pyrolysis and Gasification Units
On July 14, 2021, the European Commission adopted a package of proposals including a proposal for a Carbon Border Adjustment Mechanism (CBAM). The CBAM proposal is a
Continue Reading EU Proposed Carbon Border Adjustment Mechanism
On April 30, 2021, the United States Environmental Protection Agency’s enforcement office issued a memorandum titled “Strengthening Enforcement in Communities with Environmental Justice Concerns.” In light of the
Continue Reading Businesses Administering COVID-19 Vaccine Are at Risk for Mishandling Biomedical Waste
Because we were reminded this last year how interconnected it all is, and hopefully, we learned a few things about how to keep it beautiful, bountiful, and healthy.
Read the
Continue Reading Happy Earth Day from Greenberg Traurig’s Environmental Practice