Author: Alexis Harris

smoke stacks
CERCLA / Climate Change
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Navigating Environmental Jurisdiction: DOJ’s Challenge to State Climate Superfund Laws

The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed to climate change by requiring fossil fuel companies to contribute to state-managed funds designated for climate adaptation and cleanup efforts. The lawsuits raise questions about state and federal authority to regulate environmental matters.

Climate Superfund laws at the state level are modeled after the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), …

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New Jersey Flag with blue sky background
New Jersey / PFAS
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New Jersey Proposal Transitions PFAS Criteria to Enforceable Remediation Standards

In March, the New Jersey Department of Environmental Protection (NJDEP) proposed to formally add GenX, PFNA, PFOA, PFOS — all PFAS compounds — and methanol to the list of regulated contaminants under various statutes.

This includes the Ground Water Quality Standards (GWQS), Remediation Standards, and Technical Requirements for Site Remediation.

The proposed amendments establish a specific ground water quality criterion for GenX, as well as soil and soil leachate remediation standards for PFNA, PFOA, PFOS, GenX, and methanol. Each of these contaminants were previously regulated …

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Fire-fighters applying foam to a fire.
Litigation / PFAS
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New Strategy is Embraced for Product Identification in Multidistrict PFAS Litigation

The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s structured approach is designed to enhance efficiency and accuracy in identifying the sources of contamination, thereby facilitating more effective legal proceedings.

The AFFF MDL is a multidistrict litigation that consolidates thousands of lawsuits across the United States concerning exposure to per- and polyfluoroalkyl substances (or PFAS). Due to its motility and unique chemical properties, …

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