Morgan Lewis

Environmental Publications of Interest

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11/22/11 Facing Shutdowns, Coal Power Braces for EPA Air Rules, Law360
Christopher McAuliffe is quoted.
04/26/10 Morgan Lewis Advises Apollo Global Management on $1 Billion Acquisition of CKE Restaurants
CKE Restaurants, Inc. announced that it has entered into a definitive merger agreement to be acquired by an affiliate of Apollo Global Management, a leading global alternative asset manager.
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Agencies and Statutes

We provide full-service regulatory, litigation—civil and criminal, transactional, and insurance recovery representation in environmental matters arising from federal and state statutory requirements, agency regulatory programs, and common law. Our attorneys work with all major environmental agencies and statutes, including:

  • Clean Air Act
  • Clean Water Act
  • Coastal Zone Management Act
  • Community Right-to-Know Act
  • Comprehensive Environmental Response, Compensation, and Liability Act (Superfund)
  • Emergency Planning and Community Right-to-Know Act
  • Endangered Species Act
  • Federal Insecticide, Fungicide, and Rodenticide Act
  • Lacey Act
  • National Environmental Policy Act
  • Oil Pollution Act
  • Resource Conservation and Recovery Act
  • Safe Drinking Water Act
  • Toxic Substances Control Act
  • California Environmental Quality Act
  • California Global Warming Solutions Act
  • California Proposition 65
  • New Jersey Industrial Site Recovery Act
  • National Transportation Safety Board
  • U.S. Army Corps of Engineers
  • U.S. Chemical Safety Board
  • U.S. Coast Guard
  • U.S. Department of the Interior (including U.S. Fish and Wildlife Service)
  • U.S. Department of Labor (including Occupational Safety and Health Administration)
  • U.S. Department of Justice (including Environment Division, U.S. Attorneys offices, FBI)
  • U.S. Environmental Protection Agency
  • California Environmental Protection Agency
  • New Jersey Department of Environmental Protection
  • Pennsylvania Department of Environmental Protection
  • Texas Commission on Environmental Quality
124 Publications Found
February 2010 The New Frontier of Cross-Border Enforcement, Environmental Law Institute's News & Analysis

Outside Publication | Article
Ronald Tenpas

01/04/10 EPA Targets Power and Manufacturing Industries for New Financial Assurance Requirements: Electric Power, Petroleum and Coal Products Manufacturing, and Chemical Manufacturing Affected

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

12/17/09 EPA Finds That Carbon Dioxide and Other Greenhouse Gases Constitute a Threat to Public Health and Welfare

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

10/20/09 EPA to Increase Clean Water Act Enforcement Activities

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

10/15/09 EPA Announces Guidance Relating to PCBs in Caulk of Buildings Constructed or Renovated Between 1950 and 1978

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

10/08/09 EPA Unveils New Framework for Chemical Management Reform

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

10/07/09 EPA Releases Proposal to Regulate Greenhouse Gases Under the Clean Air Act’s Title V and PSD Programs

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

10/02/09 Second Circuit Rules that Climate Change Nuisance Action May Proceed Under “Federal Common Law”

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

09/30/09 The First 48 Hours: Critical Decisions to Get Right During an Environmental Crisis

Presentation | Webinar
John McAleese, III, Ronald Tenpas, Jonathan Snare

09/24/09 EPA Issues Mandatory Reporting of Greenhouse Gases Rule

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

09/16/09 Pennsylvania House Passes New Environmental and Energy Building Standards Act

LawFlash/Client Alert | Real Estate LawFlash
Jeannine Bishop, Meredith Rettaliata

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

08/03/09 Avoiding Criminal Penalties Under the Lacey Act: A Word of Warning for Retailers on Environmental Regulation, Chain Store Age (click here to read the article)

Outside Publication | Article
Ronald Tenpas

07/16/09 Energy and Climate Change: Federal Legislative Initiatives in the 111th Congress Webinar

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

06/30/09 House Approves Climate Bill

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

05/11/09 Administration Budget for 2010 Signals Expanding Environmental and Workplace Safety Enforcement

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

05/06/09 U.S. Supreme Court Limits Extent of “Arranger” Liability and Upholds Apportionment of Liability Under CERCLA

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

03/27/09 California Supreme Court Clarifies "Pollution Exclusion," Finds Coverage for Mitigation Activities, and Reaffirms Doctrine of "Concurrent Causation"

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

03/23/09 EPA Proposes Greenhouse Gases Reporting Rule

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

March 2009 Capitalism as an "Addiction"—a Dialogue, The Environmental Forum, Vol. 26, No. 2

Outside Publication | Article
Michael Steinberg

01/05/09 Disclosure, Management Practices, and Corporate Governance Relating to Climate Change Financial Risks (Updated)

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

November 2008 EPA Revises Definition of Solid Waste to Encourage Recycling of Hazardous Secondary Materials

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

11/10/08 Looking Ahead: The Future of Federal Climate Change Law

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

08/05/08 EPA Audit Policy Now Available to Post-Acquisition Compliance Audits by New Owners of Regulated Facilities

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

08/04/08 U.S. Court of Appeals for D.C. Circuit Vacates Regulatory Program Adopted Under Clean Air Act

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

07/28/08 Pennsylvania Clean Indoor Air Act to Take Effect September 11, 2008

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