Oct 17, 2023

Environmental Law & Policy Alert – Update from Somach Simmons & Dunn

October 04, 2023 You Have a Water Right, but You’re Far from the River… In conjunction with America’s early westward expansion and the development of the prior appropriation doctrine, Western states developed specific private rights of condemnation for water conveyance structures (also known as private ways of necessity). Even if […]

Sep 29, 2023

Massachusetts District Court Holds that Breathing in Polluted Air Without a Concrete Injury Traceable to the Defendant Does Not Confer Standing Under the Clean Air Act – Update from Manko Gold Katcher Fox

September 29, 2023 Brielle A. Brown MGKF Litigation Blog On September 14, 2023, in Conservation Law Foundation v. Academy Bus, a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the Clean Air Act (“CAA”).  Conservation Law Found. […]

Sep 29, 2023

EPA and DOJ Claim eBay Unlawfully Sold Pesticides, Banned Chemical Products, and Devices That Defeat Pollution Controls on Motor Vehicles – Update from Bergeson & Campbell, P.C.

The U.S. Environmental Protection Agency (EPA) announced on September 27, 2023, that the U.S. Department of Justice (DOJ), on behalf of EPA, filed a complaint against eBay Inc. (eBay) “for unlawfully selling, offering for sale, causing the sale of, and distributing hundreds of thousands of products” in violation of the […]

Sep 26, 2023

CPSC Requests Information on PFAS in Consumer Products – Update from Bergeson & Campbell, P.C.

The U.S. Consumer Product Safety Commission (CPSC) published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) used in commerce or potentially used in consumer products, potential exposures associated with the use of PFAS in consumer products, and potential human health effects associated with exposures to PFAS from […]

Sep 26, 2023

New Jersey Court Declines to Follow DEP Statutory Interpretation and Narrows Exemptions From Highlands Act Permitting Requirements – Update from Manko Gold Katcher Fox

September 22, 2023 Danielle N. Bagwell MGKF Litigation Blog In an issue of first impression, in Matter of Proposed Construction of Compressor Station (CS327), No. A-3616-20, 2023 WL 5614411 (N. J. Super. Ct. Aug. 31, 2023), the New Jersey Superior Court rejected the New Jersey Department of Environmental Protection (“DEP”)’s interpretation […]