Author: Goldberg Segalla

Hydraulic Fracturing / Wastewater
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Appeals Court Leaves Potential for Hydraulic Fracturing Revival in the Delaware River Basin

Earlier this month, the United States Court of Appeals for the 3rd Circuit issued a decision that leaves a glimmer of hope for hydraulic fracturing entrepreneurs in the Delaware River Basin, which encompasses portions of 24 counties in Pennsylvania, New Jersey, New York, and Delaware.

On July 3, a three judge panel issued an opinion on their review of a Pennsylvania federal court’s decision to grant a motion to dismiss a case for declaratory relief brought by oil and gas speculators Wayne Land and Mineral …

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Louisiana / Pipeline
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What’s a Significant Impact? Fifth Circuit Rules Pipeline Can Go Forward

In the latest development in the eternal struggle between environmental groups and hydrocarbon pipeline developers, the Fifth Circuit recently discarded an injunction that was preventing construction of a pipeline through the Atchafalaya Basin, home of the country’s largest river swamp. The pipeline is meant to connect the controversial Dakota Access pipeline to refineries and export terminals in St. James Parish, Louisiana.

In order to construct the pipeline, Bayou Bridge Pipeline LLC had to secure a permit from the U.S. Army Corps of Engineers. In order …

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White peeling paint wall
California / General
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Battles over Lead Paint Rage On in California

Three paint manufacturers who have been in a tug-of-war with several California counties regarding potential liability for lead paint resorted to a state balloting process to shift the potential exposure. The battle started to intensify earlier this year when the California Supreme Court declined to review a 2014 state appeals court ruling that held manufacturers Sherwin-Williams Co., NL Industries Inc. and ConAgra Grocery Products Co. liable for $1.15 billion dollars in costs associated with remediation of lead paint in housing built before 1951 in California, …

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Litigation / New York / PFOA / Water Contamination
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PFAS Alert: New York State Court Certifies PFOA Class Action

On July 3, 2018, a state court in New York certified a class action lawsuit that involves residents of Petersburgh, New York who claim exposure to varying levels of the chemical, perfluorooctanoic acid (PFOA). PFOA is in the class of chemicals known as per-and polyfluoroalkyl substances and was used to make heat, water, and stain resistant household and commercial products. Think Teflon, Scotchgard, GORE-TEX, fast food wrappers, etc.

This is the first class action matter that’s been certified in the State of New York that …

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General / Litigation
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Department of Interior in Need of a Paddle? Lawsuit filed over approval of mines in Boundary Waters Canoe Area

A coalition of nine Minnesota businesses and an environmental group filed suit in federal court in Washington, D.C. against the U.S. Department of the Interior challenging its decision to reinstate federal mineral rights leases for the proposed Twin Metals copper-nickel mine in the Boundary Waters Canoe Area near Ely, Minnesota. The lawsuit alleges the Department of the Interior exceeded its authority and poses an immediate threat to businesses, the environment and the region’s outdoor recreation economy. The plaintiffs include four outfitters, a resort, two canoe …

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Water Contamination
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CDC Reports Outbreaks Associated With Untreated Recreational Water on the Rise: An Overview of the CDC’s Morbidity and Mortality Weekly Report

The Morbidity and Mortality Weekly Report (MMWR) is a weekly epidemiological digest for the United States published by the Centers for Disease Control and Prevention (CDC). It is considered by many practicing in the public health sector to be the primary publication for sharing public health information and recommendations that have been received by the CDC from state health departments.

Recently, The Environmental Law Monitor reported on the May 18, 2018 CDC Report: “Outbreaks Associated with Treated Recreational Water – United States, 2000-2014. The …

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Fracking / Hydraulic Fracturing / New York
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New York Federal Court Rejects Landowner’s Claimed Right to Drill, But Will Challenges Continue?

A federal court in New York recently dismissed a landowner’s claim that the state’s ban on hydraulic fracturing violated the takings clause of the Fifth Amendment and due process rights.

In Morabito v. The State of New York, et. al., the plaintiffs filed a complaint in the Western District of New York, asserting that the state’s decision to prohibit high-volume fracking activities constituted a regulatory taking and/or arbitrary and irrational restriction on plaintiff’s property rights.

The plaintiffs, who are farmers, own various properties in …

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Clean Air Act / Climate Change
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Kivalina and AEP Strike Again – Oakland and San Francisco Climate Change Suits Dismissed

By Order dated June 25, 2018, the United States District Court for the Northern District of California dismissed the lawsuits filed by the cities of San Francisco and Oakland seeking compensation from five of the world’s largest energy producers for the costs of adapting to climate change allegedly caused in part by these companies’ sale of fossil fuels. This dismissal brings to an end, at least temporarily, to two of the fourteen second-generation climate change lawsuits that have been filed by various cities and …

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General / New York
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New York State Requires Manufacturers of Household Cleaning Products to Disclose Chemical Ingredients. Heads Up! This Includes Nanomaterials.

On June 6, 2018, the State of New York’s Department of Environmental Conservation (NYSDEC) launched a new initiative to require the public disclosure of chemical ingredients in household cleaning products.

The cited authority for this program derives from Environmental Conservation Law (ECL) Article 35 and New York Code of Rules and Regulations (NYCRR) Part 659. The statute and regulations authorize the commissioner of NYSDEC to require manufacturers of domestic and commercial cleaning products distributed, sold, or offered for sale (including over the internet) in the …

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Legislation / New York
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Be Prepared: New York City Cooling Tower Enforcement Heats Up As Summer Approaches

It has been about three years since Legionnaires’ disease made national headlines associated with the cooling tower of the Opera House Hotel in the South Bronx.  Legionnaires’ disease is a serious type of pneumonia caused by a waterborne pathogen known as Legionella. It is contracted when susceptible individuals inhale water droplets or mist containing elevated levels of legionella bacteria. New York City has as many as 1,200 towers that are evaporative heat exchangers usually installed on the top of a building as part of …

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