As companies seek to navigate Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) regulations; Resource Conservation and Recovery Act (RCRA) corrective action; and other contaminated site remediation and ensuing litigation, Morgan Lewis lawyers who represent clients in this complex area of environmental law offer their analyses and thinking while providing access to primary source materials and related events. In addition to the CERCLA and RCRA, our guidance related to contaminated site cleanup efforts and the laws governing them covers the Toxic Substances Control Act (TSCA), the Clean Water Act (CWA), and their state counterparts.
As counsel to the Superfund Settlements Project (SSP) and RCRA Corrective Action Project (RCAP), two multi-industry advocacy organizations focused on reforming and improving the US Environmental Protection Agency’s (EPA) administration of the Superfund and RCRA Corrective Action programs, Morgan Lewis has front-line insight into the efforts to control costs and improve efficiencies for regulated industries.
We counsel clients in regulatory proceedings and litigation matters involving more than 100 contaminated sites across the United States and carefully monitor evolving regulatory changes and case law developments that impact contaminated sites resolution. As common counsel to numerous sites across the county, we understand the array of issues arising from multiparty sites and leverage our knowledge to help shape cost-effective, timely solutions for our clients.
The environmental policy agenda of the Biden-Harris administration promises to reshape the investigation and remediation of contaminated sites. While the previous administration sought to revamp the Superfund program to increase the efficiency of site cleanups and speed up return to productive use, the new administration’s focus on environmental justice and climate change is expected to bring increased scrutiny in those areas while focusing on enhanced community involvement in remedial design and implementation.
View The Biden Administration’s ‘All of Government’ Approach to Environmental Policy: Climate Change, Environmental Justice, and Beyond and Environmental Justice Under the Biden Administration to learn more.
This webinar will provide an overview of regulation and litigation involving emerging contaminants—specifically, PFAS and 1,4-dioxane.
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) recently took steps pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65, to further regulate perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), and other perfluoroalkyl substances (PFAS).
This CLE webinar advises environmental attorneys on the statutory analysis outlined in the Ninth Circuit's decision in Nanouk v. U.S. Litigation partner Denise Fellers and associate Noorvik Minasian serve on a panel that discusses the Federal Tort Claims Act (FTCA), the limitations of sovereign immunity, and the requirements to prove monetary damages.
With the arrival of a new US presidential administration, companies are anticipating potential shifts in enforcement priorities by the US Environmental Protection Agency (EPA) in the areas of climate change, the National Environmental Policy Act (NEPA), and emerging contaminants and chemical safety. In several areas, there is likely to be a rollback of the rollbacks of environmental rules implemented by the former administration, as well as an increased emphasis on environmental justice.
Our panel will discuss potential shifts in enforcement priorities by the US Environmental Protection Agency (EPA) in such areas as climate change, the National Environmental Policy Act (NEPA), and emerging contaminants and chemical safety.
The EPA’s supplemental analysis includes certain consumer exposures, as well as surface/ambient water exposures, to 1,4-dioxane.
A new US presidential administration brings new priorities across various areas and industries, including regulation and enforcement of activities that affect the environment. With President-Elect Joe Biden expected to assume the presidency on January 20, 2021, there are a number of considerations for companies tracking potential changes to the law governing the use of chemicals and antimicrobials.
PLI’s Environmental Regulation in Practice 2020: Permitting, Litigating, and Deal Negotiations will address the critical issues of 2020 including conflicts between state initiatives and federal preemption laws, challenges for delivering renewable energy, and new permitting requirements, among other pressing topics. Expert faculty will analyze current and pending regulations through the lenses of prevailing case law and current deal considerations.
Litigation partner John McGahren will present on a webinar panel for “PFAS and Redevelopment in Corrective Action.”
The US Environmental Protection Agency (EPA) took another step on June 22 in advancing its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan by finalizing a Significant New Use Rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate chemical substances (Final PFAS SNUR or Rule), while dropping certain “safe harbor” provisions.
Morgan Lewis environmental counseling and litigation of counsel Laurie Matthews testified May 13 before the US House Subcommittee on Environment and Climate Change regarding implications for industry of the CLEAN Future Act, H.R. 1512.
The Biden administration has promised to significantly revise and reinvigorate the nation’s environmental justice policy.
The Biden-Harris administration has set its sights on an ambitious environmental policy agenda, focusing on climate change and environmental justice as key initiatives, and intends to implement its agenda through an “all of government” approach. The all-of-government strategy, first deployed in the United Kingdom in the late 1990s, employs a coordinated, multi-department, multi-agency approach to address particularly complex problems.
The Biden administration has begun putting in place a broad and aggressive environmental agenda, not only at the Environmental Protection Agency (EPA) but across almost all executive branch agencies.
The Biden-Harris administration announced its American Jobs Plan, a legislative framework laying out an ambitious $2 trillion investment in physical and human infrastructure, on March 31. The bulk of the proposed spending is directed to rebuild US infrastructure in the form of physical improvements on roads, bridges, airports, and ports, with additional investment and tax credits to support clean energy generation and storage, electric vehicles, and energy efficiency.
Reversing the US Court of Appeals for DC Circuit, a unanimous US Supreme Court held that Guam’s settlement of Clean Water Act liabilities did not give rise to and trigger the statute of limitations to bring a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution claim.
The US District Court for the Central District of California issued an opinion on December 10 in the decades-long fight between the US Environmental Protection Agency and several oil companies over payment of the United States’ costs incurred in remediating the McColl Superfund Site used for the manufacturing of aviation fuel during World War II. In United States of America v. Shell Oil Co., No. 91-00589, the court granted the United States’ motion for summary judgment and awarded the United States $49,861,337.62 in past cleanup costs.
The US District Court for the Southern District of Texas issued its third opinion on August 19 in the decade-long fight between Exxon Mobil Corporation (ExxonMobil) and the US government over who is responsible for the costs incurred in remediating ExxonMobil’s Baytown and Baton Rouge refineries and nearby chemical facilities (the plants), which were used to produce aviation fuel and rubber during World War II and the Korean War under extensive government control.
Our litigation and environmental teams recently discussed the DC Circuit’s ruling that rejected a challenge to the EPA’s listing of a site on the Superfund National Priorities List (NPL).
Deferring to the US Environmental Protection Agency, the US Court of Appeals for the DC Circuit rejected a challenge to the first-ever listing of a site on the Superfund National Priorities List under recent regulatory revisions that allowing the agency to consider “subsurface intrusion.”
The US Supreme Court held that CERCLA does not preempt state law restoration claims by landowners who are potentially responsible parties, but clarifies that the Environmental Protection Agency must approve landowners’ restoration efforts.
: Partner Stephanie Feingold spoke with Chemical Watch regarding the US House of Representatives’ approval of an expansive measure to address per- and polyfluoroalkyl substances (PFAS), seeking a pause on new compounds entering commerce, thorough toxicity testing, and more.
Partner Duke McCall and associate Meredith Auten examined the US Supreme Court’s unanimous ruling in Guam v. United States and its implications in this Expert Analysis for Law360.
Partner Duke McCall was quoted in a Bloomberg Law article following the US Supreme Court’s reversal of a lower court ruling that Guam was solely responsible for the cost of cleaning up the Ordot Dump. Duke told Bloomberg that the opinion could affect parties facing non-Superfund claims they thought were time-barred, which could potentially expose them to liability if those claims are revived.
In this article published by Bloomberg Law, Morgan Lewis partners Stephanie Feingold and Jeremy Esterkin and associates Drew Cleary Jordan and Sarah Carter discuss the key provisions of the PFAS Action Act, a bipartisan bill that directs the Environmental Protection Agency to enact multiple significant regulations related to per- and polyfluoroalkyl substances (PFAS).
Partner John McGahren spoke with Law360 for an article about what a Biden administration may mean for environmental policy.
Partner John McGahren spoke with Chemical Watch for an article about the challenges companies subject to the Toxic Substances Control Act (TSCA) chemical data reporting (CDR) requirements face ahead of the November 30 reporting deadline.
Morgan Lewis partner John McGahren spoke with Law360 for an article about the most significant rulings regarding environmental law in 2020 thus far.
Morgan Lewis partner Stephanie Feingold spoke with Bloomberg Law about the potential of the US Environmental Protection Agency setting enforceable limits for PFOA and PFOS chemicals.
Morgan Lewis partner John McGahren spoke to Law360 regarding the US Supreme Court’s ruling that federal Superfund law does not preclude individuals from filing state law claims for further cleanup of contaminated sites.
Morgan Lewis partner Stephanie Feingold spoke with Bloomberg Law about the US Environmental Protection Agency’s (EPA) decision to reduce or suspend some Superfund site cleanup work in response to the coronavirus (COVID-19) pandemic.