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The Legal Intelligencer

What Should the Environmental Regulatory Phoenix Look Like?

Although we may think some of the structures erected over the past 55 years could do with a redesign many of us think that some features of them really do serve some purpose. If it all burns, surely many of us have some thoughts about what the Phoenix might look like. I offer a few to get the ball rolling.
7 minute read

New York Law Journal

The Effect of a Second Trump Presidency on Environmental Justice

The Biden Administration made environmental justice a priority of its environmental programs, even creating new councils focused specifically on environmental justice. It issued new initiatives and guidance for agencies on how to consider environmental justice in existing environmental statutory schemes, and made significant funding available. What will happen to all of these initiatives when Donald Trump takes office in 2025? What does this mean for environmental justice efforts in New York and New Jersey?
5 minute read

The Legal Intelligencer

NJDEP Proposes Changes to Hazardous Substance Discharge Reporting Rules

This new rule proposes transformative changes to hazardous substance discharge reporting requirements that, if passed, will drastically change the way a party must respond to the discovery of a discharge of hazardous substances.
7 minute read

The Legal Intelligencer

A Risk-Based Approach to Protect Communities

The Framework encourages EPA programs to consider the totality of exposures to chemical and nonchemical stressors affecting human health and the environment, together with vulnerabilities and susceptibilities that may increase the likelihood that exposures will result in illness or other injuries. By engaging with communities and considering the cumulative effects of an action on the exposed population, the EPA can best protect citizens from environmental injuries.
7 minute read

New Jersey Law Journal

A Survey of Environmental and Clean Energy Case Law in 2024

In 2024, the New Jersey courts continued to have an active role in shaping and defining environmental and clean energy law. This article provides a survey of this year’s decisions.
13 minute read

International Edition

Simmons & Simmons Make Waves with 'Legal Personhood' Initiative for Whales

The bill aims to grant legal 'personhood' to whales and other aquatic mammals.
2 minute read

The Legal Intelligencer

The 'Roundup' Round-Up: Will a Recent Third Circuit Ruling Spell the End for Roundup Products Liability Litigation in Pa. State Courts?

Over 100,000 cases have been brought against Monsanto Corp. nationwide, claiming its Roundup weed-killer contains a carcinogenic active ingredient, namely, glyphosate. Hundreds of such cases are pending in Pennsylvania alone. But for over 30 years, the U.S. Environmental Protection Agency (EPA) has found evidence of glyphosate’s noncarcinogenicity for humans, and in 2015, the EPA determined “that glyphosate is not likely to be carcinogenic to humans.
9 minute read

National Law Journal

From ‘Unregulated’ to ‘A Matter of Great Concern’: PFAS Regulation under Biden

“It wouldn't surprise me at all ... if [the challenge to naming PFOA and PFOS as hazardous] goes up all the way to the Supreme Court just because it is somewhat novel in terms of the statutory provision that EPA is relying upon,” said William Boyd, a law professor at the University of California, Los Angeles.
5 minute read

Texas Lawyer

Environmental Fines: Texas Secures Over $100M From Petrochemical Processor TPC Group

Following an EPA $30.1 million settlement, Texas announced its own settlement for over $100 million with TPC Group.
3 minute read

National Law Journal

Biden Has Few Ways to Protect His Environmental Legacy, Say Lawyers, Advocates

“If you can't block repeal, you can at least add more speed bumps," said Berkeley School of Law professor Daniel Farber.
3 minute read

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