September 23, 2020 Zachary J. Koslap MGKF Litigation Blog On September 14, 2020, the U.S. Court of Appeals for the Ninth Circuit held that speculative, potential future response costs are not recoverable in a contribution action under CERCLA, even if the party seeking contribution has already made an expenditure for […]
September 23, 2020 Colorado River Basin States Request a Better Forum to Resolve Concerns with Lake Powell Pipeline In Utah, there is a significant effort underway to build a water delivery pipeline from Lake Powell to transport part of Utah’s Colorado River entitlement to Utah’s St. George area. As the […]
New Jersey Enacts Landmark Environmental Justice Law – Uncertainties Abound – Update from Manko Gold Katcher Fox
September 21, 2020 Bruce S. Katcher and Jill Hyman Kaplan MGKF Special Alert On September 18, 2020 Governor Murphy signed legislation that enacts an expansive environmental justice process for environmental permit applicants for a specified list of facilities located in what the law defines as overburdened communities. With this law, […]
By: Jeremy Greenhouse The Minnesota Supreme Court, on July 15, 2020, issued an opinion affirming in part and reversing in part, and remanding additional issues to, the Minnesota Court of Appeals. White Bear Lake Restoration Association v. Minnesota Dept. Nat. Res. et al., 946 N.W.2d 373 (Minn. 2020). In sum, the court […]
On September 14, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule establishing the procedures and requirements for how EPA will manage the issuance of guidance documents consistent with Executive Order (EO) 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” The final regulation […]