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 following the federal environmental justice debate, passing historical environmental justice legislation in both the House and Senate, where it is currently awaiting Governor Phil Murphy’s approval. … Continue Reading
Confusion permeates the public arena as to what the U.S. Supreme Court recently did – and didn’t do – by ruling in favor of the Muscogee (Creek) Nation, a federally recognized Native American tribe, and against the state in McGirt v. Oklahoma. Not since a grinning incumbent President Harry S. Truman hoisted The Chicago Daily … Continue Reading
On the 27th of December 2017, two Dutch NGOs and 57 individual plaintiffs lost a court case against the Dutch State in which they, in a nutshell, demanded measures to be taken to improve air quality in the Netherlands. The verdict seems to be a boost for the new Dutch government’s environmental agenda and shows … Continue Reading
The International Criminal Court (ICC) announced on 15 September 2016 that it will start to investigate environmental crimes under international law, raising the prospect that company executives could be prosecuted in The Hague in respect of corporate activities with serious environmental impacts. An ICC policy paper on case selection and prioritisation states that the ICC … Continue Reading
When a private party enters into a CERCLA section 113(f)(B) administrative settlement, it may subsequently pursue the costs incurred under that administrative settlement against other PRPs. However, whether the settling party may bring a section 107 cost recovery claim or a section 113 contribution claim depends on the language of the settlement. A court’s interpretation … Continue Reading
