Author: Goldberg Segalla

Climate Change / General
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Next-Gen Nuclear Gaining Steam as Green Power Alternative with Governmental Partnerships

In early October 2019, the United States Department of Energy (DOE) and the United States Nuclear Regulatory Commission (NRC) executed a memorandum of understanding to share technical resources and expertise to accelerate the development and implementation of advanced nuclear technologies. Under the agreement, the DOE would run a National Reactor Innovation Center (NRIC) with a goal of funneling private sector funds to the testing and validation of reactor concepts, and would assist potential providers of advanced nuclear technology with guidance through relevant regulatory processes. The …

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Clean Air Act / Clean Water Act / EPA
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Environmental Advocacy Groups Mount New Challenges to EPA Decision-Making Under the Clean Water Act and Clean Air Act

The EPA has been called to task on multiple fronts in the past week by challenges from environmental advocacy groups. The agency faces new claims in a federal suit filed by several entities in the District of South Carolina due to the repeal of the 2015 Clean Water Rule, also known as the Waters of the United States (WOTUS) rule, which determines the waterways that are covered by the Clean Water Act (CWA). The repeal was previously reported by the Environmental Law Monitor. Additionally, a petition was filed last week by a coalition of renewable fuel and agricultural trade organizations in the D.C. Court …

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city
Emissions / EPA / New York
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EPA Denies New York’s Good Neighbor Request

Last week, the EPA issued a final rule denying New York state’s bid to have the EPA issue enforceable daily emissions standards for hundreds of emission sources in upwind states in order to allow the New York Metro Area and Chataqua County to comply with 2008 and 2015 national ambient air quality standards for ground-level ozone under the Clean Air Act. The EPA ruled that the state failed to prove that the upwind pollution sources are interfering with its efforts to comply with the NAAQS.…

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California
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We Need to Talk … It’s Not Me, It’s You: EPA Accuses California of Worsening Environmental Issues

EPA Administrator Andrew Wheeler has accused California of “failing to meet its obligations” to protect the environment, claiming that the state’s growing homeless population threatens its water quality. In an oversight letter, Administrator Wheeler charged California officials with failing to meet federal health standards in numerous communities where large homeless populations litter the streets with trash, drug paraphernalia and human waste. The letter went on to argue that California’s focus on global warming has come at the expense of more basic environmental protections. Specifically, the …

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Lead based paint peeling on an old wall.
Emerging Issues / New Jersey
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New Jersey Governor Announces Ambitious 10-Year Plan to Remove Lead from Service Lines and Paint in Homes Throughout the State

New Jersey Gov. Phil Murphy announced a comprehensive statewide plan to address lead exposure throughout the state. “My comprehensive statewide plan brings together experts from our cabinet departments, stakeholders, and advocates to create strong partnerships and implement policies to protect New Jersey’s children and families from lead” the governor commented. “Together, guided by the actions outlined in our strategy, we will overcome this public health challenge that has been building for decades to ensure that our residents are safe from lead exposure for generations to …

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Emerging Issues / New Jersey / Pennsylvania / Pipeline
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Third Circuit Court of Appeals Delivers Knockout Punch to PennEast Natural Gas Pipeline, Eminent Domain Squashed

Previously, we reported that that the United States District Courts for the Middle District of Pennsylvania and the District of New Jersey granted a consortium of natural gas companies the right of eminent domain to take steps toward building the PennEast pipeline to connect natural gas sources in Pennsylvania to parts of New Jersey. We then reported that the Third Circuit Court of Appeals issued a stay to temporarily stop any physical construction from beginning on the pipeline in New Jersey until the appeal was decided. 

​Now, in the next …

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PFAS
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Ohio PFAS Class Action Survives Motions to Dismiss

A federal court in the Southern District of Ohio denied the defendants’ 12(b)(1), 12(b)(2), and 12(b)(6) motions to dismiss in a PFAS class action lawsuit in early October 2019. The lawsuit brought by lead plaintiff Kevin Hardwick, a firefighter and alleged user of PFAS-containing firefighting foams, paves the way for a case with enormous breadth to proceed. Hardwick sued 3M Company , E.I du Pont de Nemours and Company, the Chemours Company, Archroma Management LLC, Arkema, Inc., Arkema France, S.A., Diakin Industries Ltd. , Daikin America, …

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Clean Water Act / EPA
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Inspector General Directs the EPA to Improve Oversight of Public Drinking Water Regulations

The Office of the Inspector General (OIG) issued a report that found the EPA is failing to properly monitor state-level compliance for violations of the Safe Drinking Water Act (SDWA). Federal regulations mandate that public water systems notify consumers of violations of the national drinking water standards or in situations that pose a risk to the public. These violations and situations are divided into three tiers with specific notice requirements. Under the SDWA, 49 states and certain territories are responsible for implementing the federal drinking water program, with …

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California
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California v. Trump Administration Round LX: California and EPA War Over Vehicle Emission Standards

The Trump administration’s ongoing war with California over environmental standards has now reached a fever pitch. On September 19, 2019, the EPA announced that it will revoke the Clean Air Act waiver historically granted to California, which has allowed the state to set its own auto emission standards. The next day, California and 23 other states filed suit against EPA challenging the revocation.

The EPA’s stated goal is to reduce the regulatory burden on automakers by implementing a single national standard for emissions. However, the EPA’s move may …

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PFAS
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PFAS Companies Take Heat From Congress

Last week, the House Environmental Oversight Committee held a third and final hearing on PFAS issues in the United States. The September 10 2019, hearing, which focused on PFAS contamination by industrial producers, served as a follow-up to the subcommittee’s July 24, 2019 hearing on the human impact of PFAS contamination and state-level efforts to regulate the chemicals. DuPont, its spinoff company Chemours, and 3M all sent representatives to Washington D.C. to attend.

In anticipation of the hearing, DuPont issued a press release defining their …

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