On December 29, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of a draft revision to the risk determination for the cyclic aliphatic bromide cluster (HBCD) risk evaluation issued under the Toxic Substances Control Act (TSCA). 86 Fed. Reg. 74082. EPA is reconsidering two key aspects of the […]
Written by Gregor I. McGregor, Esq. Property owners lack legal authority to use private litigation to enforce their public trust rights. Only the Commonwealth may enforce public trust rights in Commonwealth tidelands and other waterfront areas. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in […]
Jan 1, 2022
Regulatory Takings: Ripeness: Exhaustion and Finality – Update from McGregor, Legere & Stevens, P.C.
Written by Gregor I. McGregor, Esq. A property owner has an actionable 5th Amendment takings claim when the government takes their property without paying for it and so may bring suit in federal court under section 1983 at that time, without “exhausting” state court suits. Knick v. Township of Scott, Pennsylvania, 862 […]
On December 20, 2021, the U.S. Environmental Protection Agency (EPA) released the Draft Systematic Review Protocol Supporting TSCA Risk Evaluations for Chemical Substances (Draft Protocol) for public comment. press release, the Draft Protocol will strengthen EPA’s approach to reviewing and selecting the scientific studies that are used to inform Toxic […]
December 20, 2021 Michael M. Meloy, Esq. and Will Hitchcock, Technical Consultant On November 20, 2021, new regulations implementing the Pennsylvania Land Recycling and Environmental Remediation Standards Act (Act 2) went into effect through publication in the Pennsylvania Bulletin, including a new set of risk-based cleanup standards for soil and groundwater. […]