Sep 3, 2021

Biobased Products News and Policy Report – Update from Bergeson & Campbell, P.C.

Biobased Products News and Policy Report September 2, 2021 EPA Adds 36 Chemicals To The Safer Chemical Ingredients List The U.S. Environmental Protection Agency (EPA) announced on August 10, 2021, that it added 36 chemicals to the Safer Chemical Ingredients List (SCIL). EPA states that the SCIL “is a living […]

Sep 3, 2021

Second Circuit Holds CERCLA Claims Were Prudentially Ripe Despite Ongoing PRP Investigation by EPA – Update from Manko Gold Katcher Fox

August 24, 2021 Spencer A. Hill, Jr. MGKF Litigation Blog On Wednesday, August 18, 2021, the U.S. Court of Appeals for the Second Circuit vacated a district court order dismissing claims for violations of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq. See Revitalizing Auto Cmtys. […]

Sep 3, 2021

Eighth Circuit upholds EPA win in Ameren Missouri but rejects Labadie relief – Update from Jorden, Hiser & Joy

On August 20, 2021, the U.S. Court of Appeals for the Eighth Circuit handed the U.S. Department of Justice (DOJ) and the U.S. Environmental Protection Agency (EPA) a major win in United States v. Ameren Missouri, No. 19-3220, upholding EPA’s right to seek injunctive relief for “wholly past” violations and […]

Aug 23, 2021

Ninth Circuit Holds Sovereign Immunity Protects Tribe From Suit Under the Clean Water Act – Update from Manko Gold Katcher Fox

July 12, 2021 MGKF Summer Associate Omar Khodor MGKF Litigation Blog On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the CWA did not abrogate tribal sovereign immunity. Deschutes River All. v. Portland Gen. […]

Aug 23, 2021

Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement – Update from Manko Gold Katcher Fox

July 7, 2021 MGKF Summer Associate Brielle Brown MGKF Litigation Blog A three-judge panel of the Third Circuit held on January 29, 2021 that air emission exceedances governed by a state air permit and duly reported to state or local authorities pursuant to the permit need not be reported again […]