Caleb J Holmes

October 27, 2022 | The Legal Intelligencer

Act 2 requires the Environmental Quality Board (established to, among other things, formulate, adopt and promulgate rules and regulations) to establish uniform statewide health-based standards so that any voluntary cleanup conducted under the act eliminates any substantial present or probable risk to human health and the environment.

By Caleb J. Holmes

5 minute read

October 08, 2020 | The Legal Intelligencer

Earlier this month, the U.S. Court of Appeals for the Third Circuit issued an opinion in N.J. Department of Environmental Protection (NJDEP) v. American Thermoplastics, No. 18-2865. It adds a new wrinkle on CERCLA Section 113(f)(2).

By Caleb J. Holmes

6 minute read

August 13, 2020 | The Legal Intelligencer

Although the Supreme Court declined to specifically endorse the trial court's gatekeeper role, its opinion assures that the trial court's role in assessing the admissibility of expert testimony still exists under Pennsylvania's Frye analysis.

By Caleb J. Holmes

6 minute read

May 07, 2020 | The Legal Intelligencer

SEPs have given enforcement agencies and defendants additional flexibility in negotiating consent decrees and settlement agreements, while also providing communities potentially affected by violations with public benefits.

By Caleb J. Holmes

8 minute read

September 19, 2019 | The Legal Intelligencer

On Aug. 21, the Justice Department issued a memorandum—using supplemental environmental projects (SEPs) in settlements with state and local governments—which curtails the use of supplemental environmental projects (SEPs) in consent decrees and settlement agreements with state and local governments.

By Caleb J. Holmes

7 minute read

March 08, 2018 | The Legal Intelligencer

President Donald J. Trump and his administration have focused on the EPA during his time in office, particularly in regards to its funding, and its regulations.

By Caleb J. Holmes

7 minute read

August 24, 2017 | The Legal Intelligencer

There are over 1,300 sites listed on the Environmental Protection Agency's National Priorities List of contaminated sites that require cleanup, over a hundred of which are located in Pennsylvania. In May, EPA Administrator Scott Pruitt promised to get "hands-on" with the Superfund program in order to expedite the cleanup of contaminated sites around the country, with a focus on those NPL sites. As part of Pruitt's strategy, he established a task force to provide recommendations on how to "restructure the cleanup process, realign incentives of all involved parties to remediate sites, encourage private investment in cleanups and sites and promote the revitalization of properties across the country."

By Caleb J. Holmes

12 minute read

June 16, 2015 | The Legal Intelligencer

When negotiating consent decrees with a government agency, should the fact that the agency is a state or federal agency matter? If a state is not accorded the same deference toward its decision to enter into consent decrees—because it is enforcing a federal environmental law—how does the strategy change for state agencies and private parties?

By Caleb J. Holmes

7 minute read

June 15, 2015 | The Legal Intelligencer

When negotiating consent decrees with a government agency, should the fact that the agency is a state or federal agency matter? If a state is not accorded the same deference toward its decision to enter into consent decrees—because it is enforcing a federal environmental law—how does the strategy change for state agencies and private parties?

By Caleb J. Holmes

7 minute read

March 05, 2013 | The Legal Intelligencer

On February 5, U.S. District Court Judge Robert D. Mariani of the Middle District of Pennsylvania granted Tennessee Gas Pipeline Co. LLC's (TGPC) motion for a preliminary injunction in Tennessee Gas Pipeline v. Delaware Riverkeeper Network.

By Caleb J. Holmes

7 minute read