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Connecticut Law Tribune

Pike Fuels Agrees to Pay $2 Million Settlement to Resolve Alleged New Haven Environmental Violations

The alleged violations occurred at Pike Fuels' New Haven petroleum distribution facility, which were discovered during an investigation by the Department of Energy and Environmental Protection Agency in 2019.
2 minute read

New York Law Journal

Are Federal and State Superfund Laws the Best Way to Address Microplastics?

Litigation related to plastics and microplastic pollution is on the rise. Plaintiffs have brought claims under numerous theories of liability. The state of New York’s common law nuisance claims against PepsiCo were recently met with disdain. The court summarily dismissed New York’s case calling it a “predatory lawsuit” that without a statutory claim was “simply policy idealism.” Some parties have raised the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as a statute to regulate microplastics. But is CERCLA really applicable to microplastics?
10 minute read

National Law Journal

Trump's Selection of Zeldin to Head EPA Draws Surprise, Little Hope of Avoiding Deregulation

Even if Lee Zeldin “were a mild supporter of climate change activity, Trump's opposition to climate change regulation is so strong and so well known that I doubt that Zeldin would get him to move off of his opposition,” said environmental law professor Robert Glicksman.
3 minute read

International Edition

Shell Prevails in Dutch Climate Case After Switching Counsel

The case was filed by several Dutch NGOs and handled by Paulussen Advocaten's Roger Cox, one of the country’s best-known and most influential climate lawyers.
2 minute read

New Jersey Law Journal

Grappling With Safe Battery Handling and End-of-Life Concerns in the EV Revolution

"In the absence of responsible management, EV batteries that end up in landfills can release problematic toxins," write Baker Donelson's Elizabeth Haskins and Noelle Wooten.
9 minute read

The Recorder

'We Are Prepared to Fight': Governor Calls Special Session to Fund Legal Attacks on Trump Policies

"We have thought in detail about where and when we sue, and on what grounds," California Attorney General Rob Bonta said. "The most important thing to know is we're ready."
4 minute read

Texas Lawyer

Paul Hastings Adds Morgan Lewis Environmental Partner

The firm has more than tripled its lawyer head count in Texas since the beginning of the year.
3 minute read

Texas Lawyer

A Trigger Warning? The Untapped World of Trigger Theories in PFAS Coverage Litigation

"These theories ... are commonly characterized as the exposure, manifestation, injury-in-fact, and continuous trigger theories," writes Akerman's Xakema Henderson.
6 minute read

The Legal Intelligencer

Environmental Justice: Past, Present and Future

One of the most significant policy developments to emerge in recent years is the concept of environmental justice or "EJ." Indeed, we have been knee-deep in EJ policies, legislation, and regulations at the federal, state, and local levels.
6 minute read

New York Law Journal

Are Superfund Sites Ever Really Closed?

Superfund Sites are notorious for taking a long time to resolve. But are they ever really closed? Superfund settlements are intended to provide settling parties with finality. The incorporation of reopener clauses in Superfund settlement agreements, typically required by EPA, and changes in the regulation of contaminants can undermine this goal. EPA's recent decisions to list certain PFAS chemicals as hazardous substances, revise the risk evaluation for 1,4,-dioxane, and lower risk levels for lead have dramatically increased the likelihood that Superfund Sites across the country may be reopened.
10 minute read

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