This week the U.S. Food and Drug Administration (FDA) confirmed it had conducted a study finding that certain types of per- and poly-fluoroalkyl substances (PFAS) have entered American food and
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Refundable State Tax Credits: Maybe Don’t Take the Money and Run
By Glenn Newman on
On April 25, 2019, the United States Court of Appeals for the Federal Circuit decided that refundable state tax brownfield credits are taxable income for federal purposes. The court held…
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New Risk Based Corrective Action Guidance for Miami-Dade Sites
By Kerri Barsh on
Securing risk-based closure of a contaminated site in Miami-Dade County, known as a “No Further Action with Conditions (NFAC),” typically requires the imposition of institutional controls in the form of…
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Contradicting the Department of Justice, EPA Changes Stance on Groundwater Discharges
Posted in Clean Water Act, Court Cases, Environment, EPA, GT Alert, Washington, D.C., Water, Water quality, WOTUS
Contradicting the argument raised by the United States in a recent amicus brief in the U.S. Court of Appeals for the Ninth Circuit, the EPA finalized new guidance on April…
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Can a State Provide Oversight Under a Federal CERCLA Order or Decree?
By David Mandelbaum on
Section 400(h) of the National Contingency Plan (NCP) contains an unremarked, yet problematic, last sentence. The NCP, of course, governs response actions under the federal Comprehensive Environmental, Response, Compensation and…
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In Honor of Earth Day…
By Greenberg Traurig, LLP on
Posted in Earth Day, Environment
April 22 is Earth Day! In honor of this day, here is a roundup of insights from our Environmental team highlighting best practices, trends, and recent regulations:
A Busy Time for the New Jersey Department of Environmental Protection – More PFAS Action and NRD Lawsuits
Posted in Emerging Contaminants, Environment, New Jersey, PFAS, PFOA, PFOS, State & Local, Washington, D.C., Water
On April 1, 2019, the New Jersey Department of Environmental Protection (NJDEP) proposed drinking water standards for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) that are significantly more stringent than…
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EPA Announces New Owner Audit Program Agreement for Oil & Natural Gas Exploration and Production Facilities
On March 29, 2019, the Environmental Protection Agency issued its final Oil & Natural Gas Exploration and Production Facilities New Owner Audit Program Agreement (Oil & Gas New Owner Audit…
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In Honor of World Water Day…
By Greenberg Traurig, LLP on
Posted in Clean Water Act, Environment, EPA, Safe Drinking Water Act, Stormwater, Water, Water quality, WOTUS
March 22 is World Water Day! In honor of this day, here is a roundup of GT’s recent water-related insights:
Limits on Administrative Orders to Clean Up in Delaware
By David Mandelbaum & Samuel L. Moultrie on
On Feb. 21, 2019, the Delaware Superior Court decided that the state’s Department of Natural Resources and Environmental Control (DNREC) cannot order an environmental violator to remedy its violation under …
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