January 24, 2022 Garrett Trego MGKF Litigation Blog Rejecting federal officer removal and federal question removal theories, the Fourth Circuit affirmed the District of West Virginia’s remand of a state tort suit against the remediators of an EPA-permitted Resource Conservation and Recovery Act (“RCRA”) site. W.V. St. Univ. Bd. of Govs. […]
On January 21, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comments on the “Draft TSCA Screening Level Approach for Assessing Ambient Air and Water Exposures to Fenceline Communities Version 1.0” (screening level methodology). 87 Fed. Reg. 3294. EPA will use the screening level […]
January 19, 2022 Proposed New Waters of the United States Rule Reminiscent of Pre-2015 Regulatory Framework The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers recently released the long-anticipated proposed rule redefining the scope of waters protected by the Clean Water Act (CWA). The CWA strictly prohibits […]
January 18, 2022 David R. Struwe MGKF Litigation Blog Recently, there has been an explosion of litigation involving per- and polyfluoroalkyl substances (“PFAS”) contamination. In SUEZ Water New York Inc. v. E.I. du Pont de Nemours and Company, et al., No. 20-CV-10731 (LJL), 2022 WL 36489, at *1 (S.D.N.Y. Jan. 4, 2022), […]
2022 Forecast For U.S. Federal And International Chemical Regulatory Policy: On January 3, 2022, Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) published our “Forecast for U.S. Federal and International Chemical Regulatory Policy 2022.” This extraordinarily detailed 108-page document offers our best informed […]