Environmental
Publications of Interest
LawFlash/Client Alert | Environmental LawFlash
Ronald Tenpas, Charles Moldenhauer
The U.S. Department of the Interior issues proposed rules for hydraulic fracturing on federal and Indian lands; the U.S. Environmental Protection Agency issues draft Underground Injection Control program permitting guidance for wells that use diesel fuels.
LawFlash/Client Alert | Environmental LawFlash
John McAleese, III, Christopher McAuliffe, Ronald Tenpas
Supreme Court decision determines that the Clean Water Act's statutory scheme does not preclude judicial review of EPA's jurisdiction in enforcement cases.
LawFlash/Client Alert | Environmental LawFlash
Christopher McAuliffe
New Jersey Department of Environmental Protection to begin accepting applications this summer for waivers of environmental compliance.
LawFlash/Client Alert | Environmental LawFlash
John McAleese, III, Maxine Woelfling, Ronald Tenpas
Pennsylvania legislation imposes impact fees on natural gas wells, restricts local regulation of drilling operations, and strengthens environmental requirements.
LawFlash/Client Alert | Environmental LawFlash
Michael Steinberg
D.C. Circuit awards attorneys' fees to intervenors whose issues were not addressed in and whose participation had no effect on the litigation.
LawFlash/Client Alert | Environmental LawFlash
John McAleese, III, Christopher McAuliffe, Ronald Tenpas, William Lewis, Jr.
President Obama announced on September 2 that his administration was withdrawing the draft ozone ambient air quality standards that the U.S. Environmental Protection Agency (EPA) had prepared and was in the process of issuing as... more
Outside Publication | Article
Ronald Tenpas, Alex Polonsky
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
Yesterday, the U.S. Supreme Court issued its much-anticipated decision in American Electric Power Co. v. Connecticut , reviewing whether federal common law would support a claim that greenhouse gas emissions could give rise to ... more
LawFlash/Client Alert | Environmental LawFlash
Christopher McAuliffe, Ronald Tenpas
On March 28, the U.S. Environmental Protection Agency (EPA) issued proposed regulations under section 316(b) of the Clean Water Act that set standards applicable to cooling water intake structures for the protection of aquatic o... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
The U.S. Environmental Protection Agency (EPA) announced today that it is postponing the March 31 deadline for submitting the first greenhouse gas emission reports under the Mandatory Greenhouse Gas Reporting Rule (Mandatory Rep... more
LawFlash/Client Alert | Environmental LawFlash
John McAleese, III, William Lewis, Jr., Ronald Tenpas, Christopher McAuliffe
March 31, 2011 is the deadline for the first annual reports due under the Mandatory Reporting for Greenhouse Gas Emissions Rule (Mandatory Reporting Rule or the Rule) that the U.S. Environmental Protection Agency (EPA) published... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On December 23, 2010, the U.S. Environmental Protection Agency (EPA) announced that it has reached settlement agreements with certain states and environmental groups to propose standards and guidelines to control greenhouse ga... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
Setting the stage for what promises to be a blockbuster environmental case, the U.S. Supreme Court on December 6 agreed to hear a challenge to a Second Circuit decision allowing plaintiffs to maintain a public nuisance lawsuit a... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On November 30, the U.S. Environmental Protection Agency (EPA) published notice of its interim final guidance, "Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Cont... more
LawFlash/Client Alert | Cross-Practice Alert
Stephen Mahinka, Karen Butcher
After almost three years of review and analysis, the Federal Trade Commission (FTC) on October 6 released proposed revisions to its Guides for the Use of Environmental Marketing Claims, generally termed the "Green Guides" (the G... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On May 13, the Environmental Protection Agency (EPA) issued a final rule (Tailoring Rule) that addresses Clean Air Act (CAA) permitting requirements for greenhouse gas (GHG) emissions. EPA's Tailoring Rule-the fourth action in ... more
Presentation | Speech
Troy Brown
LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice
The Obama administration is expected to present a new system for evaluating, and giving preference to, federal contractors based on their record of compliance with labor, environmental, tax, and other laws . This sweeping additi... more
Outside Publication | Article
Ronald Tenpas
LawFlash/Client Alert | Climate Change Alert
Litigation Practice
On February 2, the Securities and Exchange Commission (SEC) issued interpretive guidance [1] for public companies regarding the application of the SEC's existing disclosure requirements to c... more
Outside Publication | Article
Ronald Tenpas
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On December 30, 2009, the U.S. Environmental Protection Agency (EPA) issued an advance notice of proposed rulemaking (ANPR) that identified three industry sectors for which the agency will develop new financial assurance require... more
LawFlash/Client Alert | Climate Change Alert
Litigation Practice
On December 7, the Environmental Protection Agency (EPA or Agency) announced that six greenhouse gases taken in combination endanger both public health and welfare. The Agency also found that the combined emissions of these gre... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On October 15, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson described the agency's plan to increase enforcement efforts under the Clean Water Act. In testimony before the U.S. House Committee on Tran... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On September 25, the Environmental Protection Agency (EPA) announced new guidance for school administrators and building managers with recommendations for managing polychlorinated biphenyls (PCBs) in caulk and information to hel... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
During a September 30 speech in San Francisco, Environmental Protection Agency (EPA) Administrator Lisa Jackson announced EPA's plan to work with Congress on legislation that would strengthen the Toxic Substances Control Act of ... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On September 30, the U.S. Environmental Protection Agency (EPA) issued a proposal describing how it intends to regulate greenhouse gas (GHG) emissions under the Clean Air Act's (CAA) Title V and Prevention of Significant Deterio... more
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On September 21, the U.S. Court of Appeals for the Second Circuit reinstated two lawsuits filed by eight states, New York City, and three environmental groups that allege that the carbon dioxide emissions from six electric pow... more
Presentation | Webinar
John McAleese, III, Ronald Tenpas, Jonathan Snare
LawFlash/Client Alert | Environmental LawFlash
Environmental Practice
On September 22, the Administrator of the U.S. Environmental Protection Agency (EPA) issued the Mandatory Reporting of Greenhouse Gases (GHGs) Rule. EPA had proposed this rule on March 10 of this year and solicited comments fro... more
LawFlash/Client Alert | Real Estate LawFlash
Jeannine Bishop
The Pennsylvania House of Representatives is steering Pennsylvania toward achieving "green" standards, visible in the recent passing of a bill that will require certain state-funded "major facility projects" to comply with energ... more
Outside Publication | Article
Ronald Tenpas
Presentation | Webinar
Floyd Norton, IV, Ronald Tenpas, Levi McAllister, Michael Griffen
Since early 2009, the U.S. House of Representatives and the U.S. Senate have been separately drafting legislation that, if enacted, would fundamentally alter the way that the United States generates, transmits, and consumes energ... more
LawFlash/Client Alert | Climate Change Alert
Litigation Practice
On June 26, the House of Representatives passed the American Clean Energy and Security Act of 2009 (H.R. 2454), major legislation addressing energy and climate change policy. Known commonly as the Waxman-Markey bill, the 1,300-... more
LawFlash/Client Alert | Environmental LawFlash
Litigation Practice
The Obama administration’s budget, publicly released on May 7, includes $10.5 billion for the U.S. Environmental Protection Agency (EPA), the largest budget allocation for the agency in its 39-year history. Under the prop... more
LawFlash/Client Alert | Environmental LawFlash
Litigation Practice
On May 4, the U.S. Supreme Court issued its decision in Burlington Northern & Santa Fe Railway Co. v. United States , a closely watched case involving fundamental issues of “arranger” liability and apportioning... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice
Earlier this month in a sweeping victory for policyholders, the California Supreme Court unanimously clarified several important issues on insurance coverage for environmental liabilities. State of California v. Allstate Insuran... more
LawFlash/Client Alert | Climate Change Alert
Litigation Practice
On March 10, the U.S. Environmental Protection Agency (EPA) released a proposed rule for the Mandatory Reporting of Greenhouse Gases (GHGs). This rule was authorized by the FY2008 Consolidated Appropriations Act, which directed... more
Outside Publication | Article
Michael Steinberg
LawFlash/Client Alert | Climate Change Alert
Business and Finance Practice
Actions by the Attorney General of the State of New York in 2008 will affect how public companies disclose and address climate change financial risks. Since August 2008, the Attorney General has announced settlement agreements ... more
Morgan Lewis Title | White Paper
William Pufko, Kenneth Rubin, John McAleese, III, Michael Steinberg
On October 30, 2008, the United States Environmental Protection Agency (EPA) published a final rule revising the definition of “solid waste” to exclude certain hazardous secondary materials from regulation under Subt... more
LawFlash/Client Alert | Climate Change Alert
Energy Practice
The recent election will bring in a new administration in January—one that has signaled that federal action to address climate change is on the horizon. While running for office, President-Elect Barack Obama proposed bold... more
LawFlash/Client Alert | Litigation LawFlash
Litigation Practice
In an effort to broaden the use of its 1990 Audit Policy (Audit Policy), the U.S. Environmental Protection Agency (EPA) has expanded the applicability of the policy to include post-acquisition compliance audits of newly acquire... more
LawFlash/Client Alert | Energy LawFlash
Christopher McAuliffe
On July 11, the U.S. Court of Appeals for the District of Columbia Circuit vacated a regulatory program adopted under the Clean Air Act that had been the basis for significant investments in air pollution control technology and... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Pennsylvania Governor Edward G. Rendell recently signed into law the Clean Indoor Air Act (Act) prohibiting smoking in most public areas, including workspaces, across the state. Pennsylvania now joins 32 other states in enactin... more
Morgan Lewis Title | White Paper
Litigation Practice
Climate change issues are generating one of the most rapidly changing and critically important components of environmental law. Most of the developments discussed in this overview have occurred in the last several years. This p... more
Outside Publication | Article
Michael Steinberg
Presentation | Speech
Jeffrey Hurwitz
Presentation | Speech
Michael Steinberg
Presentation | Speech
Kenneth Rubin
December 2004
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: Election Implications: After billions of dollars of campaign expenditures and 115 million ballots cast, in the end it came down to fewer than 150,000 votes in Ohio – not a large number, but one just o... more
Morgan Lewis Title | White Paper
Environmental Practice
EPA’s proposed “All Appropriate Inquiries” rule, if adopted as proposed and if fully embraced by the market, could create significant changes in customary practice for pre-acquisition environmental due diligenc... more
July 2004
Newsletter | Morgan Lewis on Environmental News
In this Issue: Superfund: Parent Company’s Participation in Subsidiary’s Business Not Sufficient to Hold Parent Liable Under Superfund Clean Air Act: EPA Designates Hundreds of Counties as Areas of Nonattainm... more
Presentation | Speech
Kenneth Rubin
February/March 2004
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: CERCLA: The U.S. Supreme Court Will Hear Appeal of the Fifth Circuit’s Decision in Cooper Industries, Inc. v. Aviall Services, Inc., Which Held That PRPs May Bring Contribution Actions Under Section 1... more
July/August 2003
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: Toxic Tort: The Senate Bill Proposes Trust Fund as Alternative to All Pending and Future Asbestos Litigation Claims. Clean Air Act: Eleventh Circuit Holds EPA’s Administrative Consent Orders in... more
May/June 2003
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: Superfund: Third Circuit Affirms Trial Court’s Approval of CERCLA Consent Decree. Toxic Tort: Tenth Circuit Reverses and Remands for New Trial Based on Trial Court’s Failure to Perform Gatekeep... more
Presentation | Speech
Kenneth Rubin
March/April 2003
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: CERCLA: Parent Held Liable as Alter Ego of Subsidiary. Breaking News Clean Air Act: States Challenge EPA’s New Source Review Reform Measures. State Law Developments For t... more
November/December 2002
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: Clean Air Act: EPA Issues New Source Review Reform Measures Superfund: Fifth Circuit Allows CERCLA Contribution Suit Without Underlying Federal Action Energy: President Expected to Sign ... more
September 2002
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: Clean Air Act: EPA Announces NSR Reform Measures Superfund: No Underlying Federal Action Needed for CERCLA Contribution Claim, Court Rules Clean Water Act: EPA Revises SPCC Requirements,... more
June 2002
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: Superfund: EPA releases final guidance on federally permitted releases. Clean Air Act: EPA amends “hammer” rules covering permit applications for 80,000 sources not covered by federal air toxic... more
April 2002
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: Superfund: First Circuit upholds district court decision holding parent corporation directly liable as operator under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),... more
December 2001
Newsletter | Morgan Lewis on Environmental News
Environmental
In this Issue: Superfund: Ninth Circuit holds that migration of contaminants does not fall within statutory definition of “disposal” under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA... more
Morgan Lewis Title | White Paper
Environmental Industry
A new era in environmental law in England and Wales has begun. On February 16, 2000, the Secretary of State for the Environment, Transport and the Regions (DETR) issued long-expected statutory guidance and regulations (Regulati... more
Presentation | Speech
Jeffrey Hurwitz
Presentation | Speech
John Dodds
Presentation | Speech
William Lewis, Jr.
Presentation | Speech
Jeffrey Hurwitz
Outside Publication | Article
Michael Steinberg
Presentation | Speech
Judith Walkoff
Presentation | Speech
William Lewis, Jr.
Presentation | Speech
William Lewis, Jr.
Morgan Lewis Title | White Paper
Courtney A. Smith, Eric Rothenberg
On September 25, 1996, the Delaware Chancery Court handed down its decision in In Re: Caremark International, Inc. Derivative Litigation , No. 13670, 1996 WL 5498894. The decision was rendered on a motion to approve, as fair a... more
Outside Publication | Article
Michael Steinberg
Presentation | Speech
Glen Stuart
Presentation | Speech
Maxine Woelfling, John McAleese, III
Presentation | Speech
Michael Steinberg
Presentation | Speech
Maxine Woelfling
Morgan Lewis Title | White Paper
Maxine Woelfling
One of the most contentious and potentially costly issues under the Clean Water Act is the implementation of rules to identify high quality streams and protect their water quality. EPA has developed requirements for such "antid... more
Outside Publication | Article
Michael Steinberg
Outside Publication | Article
Michael Steinberg
Morgan Lewis Title | White Paper
Michael Steinberg
In 1992, the U.S. Court of Appeals for the District of Columbia Circuit ruled that an arcane provision of the Resource Conversation and Recovery Act (RCRA), the primary federal hazardous waste law, required additional treatment ... more
Morgan Lewis Title | White Paper
Marcia G. Madsen, Jessica C. Abrahams
On February 10, President Clinton signed into law the Defense Authorization Act of 1996, which includes (again) significant procurement reform provisions known as the Federal Acquisition Reform Act (FARA). The new acquisition r... more
Morgan Lewis Title | White Paper
Michael Steinberg
On December 22, the U.S. Environmental Protection Agency issued a major new policy statement, "Incentives for Self-policing: Discovery, Disclosure, Correction and Prevention of Violations, "60 Fed. Reg. 66,706. This Self-Helpin... more
Presentation | Speech
Maxine Woelfling, Michele Martin
Morgan Lewis Title | White Paper
Marcia G. Madsen, Lorenzo F. Exposito
The purpose of this White Paper is to alert government contractors of risks they could face if a lapse in appropriations causes the federal government to shut down. Subject to certain exceptions of the Antideficiency Act, contr... more
Outside Publication | Article
Michael Steinberg
Morgan Lewis Title | White Paper
Maxine Woelfling
This White Paper discusses Pennsylvania legislation enacted on May 19 to encourage the ruse of old industrial and commercial property. Companies may choose from three cleanup options, each providing statutory protection from li... more
Morgan Lewis Title | White Paper
Joseph P. Griffin, Roger C. Wilson
The United States recently imposed a comprehensive economic embargo against Iran. The embargo forbids almost all transactions by U.S. individuals and companies involving Iran, the Iranian Government, or any entity owned or cont... more
Presentation | Speech
Robert White
Presentation | Speech
Maxine Woelfling, John McAleese, III
Morgan Lewis Title | White Paper
Eric Rothenberg
The U.S. Environmental Protection Agency (USEPA) and the states are offering new ways to protect industry, investors and lenders from environmental liability where they are willing to redevelop existing industrial properties, or... more
Presentation | Speech
Robert White
Presentation | Speech
Environmental Law Section Lawyers
Morgan Lewis Title | White Paper
Sara Alyea
The U.S. Supreme Court in C & A Carbone, Inc. v. Clarkstown recently held that a local solid waste flow control ordinance violated the Commerce Clause of the U.S. Constitution. Many local governments have enacted flow contr... more
Morgan Lewis Title | White Paper
Mark Pennington
The U.S. Environmental Protection Agency ("EPA") has developed a preliminary strategy for implementing the U.S. Supreme Court's ruling in City of Chicago v. Environmental Defense Fund. In that case, the Court held that municipa... more
Morgan Lewis Title | White Paper
Mark Pennington
Morgan Lewis Title | White Paper
Eric Rothenberg
Outside Publication | Article
Michael Bloom
Morgan Lewis Title | White Paper
Stanton P. Sender, Thomas J. Woodford, Dennis N. Barnes
Presentation | Speech
Robert White
Presentation | Speech
Kenneth Rubin
Morgan Lewis Title | White Paper
Kenneth R. Myers, Robert L. Collings, Brian J. Clark, Matthew C. Bernstein
Presentation | Speech
Jeffrey Hurwitz
Presentation | Speech
Kenneth Rubin
Outside Publication | Article
William Lewis, Jr.
Morgan Lewis Title | White Paper
Caswell Hobbs, Michael Clayton, M. Elizabeth Bierman
Morgan Lewis Title | White Paper
Eric Rothenberg
Morgan Lewis Title | White Paper
Alex S. Karlin
Morgan Lewis Title | White Paper
Kenneth R. Myers, Brian J. Clark
Morgan Lewis Title | White Paper
C. G. Gordon Martin, Diana Pfeffer Martin
Morgan Lewis Title | White Paper
Robert L. Collings
Morgan Lewis Title | White Paper
Mark R. Joelson, Roger C. Wilson
Presentation | Speech
James Pagliaro
Morgan Lewis Title | White Paper
Edward S. G. Dennis, Jr., David S. Rifkind
Presentation | Speech
John McAleese, III
Morgan Lewis Title | White Paper
John McAleese, III
Morgan Lewis Title | White Paper
Steven Schatzow, Janet L. Weiner
Morgan Lewis Title | White Paper
Steven Schatzow, Janet L. Weiner
Presentation | Speech
Environmental Practice Group
Morgan Lewis Title | White Paper
Steven Schatzow, Janet L. Weiner
Morgan Lewis Title | White Paper
Eric Rothenberg
Morgan Lewis Title | White Paper
Brian J. Clark, Robert L. Collings
Morgan Lewis Title | White Paper
Mark Pennington
Morgan Lewis Title | White Paper
Marcia Madsen, Stanton P. Sender