New York Senator Presents Bill to Permanently Ban Hydraulic Fracturing

Despite the December 2014 existing regulatory ban on hydraulic fracturing from New York Gov. Andrew Cuomo, the new legislation – Senate Bill 6906 – is focused on providing New York with a permanent legal protection from hydraulic fracturing activities, including gelled propane fracking, a new process being advocated by the oil and gas industries. New York Sen. Jen Metzger stated that more than five years after the current ban was put in place, more than 1,000 scientific studies have been undertaken to confirm the public …

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Breaking News: Fraud Claims Against Exxon Mobil Dismissed in Landmark Trial

Early this morning the court cleared Exxon Mobil in hotly contested litigation that was pending in New York. In a bench trial[1], which took place in October 2019, the New York State attorney general alleged that Exxon defrauded investors by inflating their value with internal climate risk metrics. Additionally, several have alleged that such misrepresentations have led to significant impacts on climate change globally. Today, the court ruled that the New York attorney general failed to present sufficient evidence to support its claims …

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EPA Announces Draft Risk Evaluation for N-Methylpyrrolidon (NMP)

Earlier this month, the U.S. Environmental Protection Agency (EPA) announced the availability of the draft risk evaluation for N-methylpyrrolidon (NMP) under the Toxic Substances Control Act (TSCA). The purpose of a risk evaluation is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of its use and to analyze the risks from potential exposure. The draft risk evaluation will be peer-reviewed by the TSCA Science Advisory Committee on Chemicals (SACC) on December 5- 6, 2019 with a final regulation likely to be …

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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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Navigating Landowners through the Brownfields

The EPA recently updated its vintage standard guidance on CERCLA’s landowner defenses. This was the first update since 2003. The update was explained as an effort to provide clarity.

Historically, under CERCLA, the owner or operator of a contaminated property could be held strictly, jointly, severally and even retroactively liable for releases of hazardous substances. The three statutory liability defenses available under the 2002 Brownfields Amendments to CERCLA provide important liability limitations for landowners who qualify as:

1. Bona fide prospective purchasers (BFPPs)

2. Contiguous …

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Florida Appellate Court Finds That State Laws Preempt City-Enacted Anti-Styrofoam Ban

Florida’s Third District Court of Appeal recently struck down a 2016 Coral Gables’ law that prohibited the sale and use of food-related polystyrene containers (i.e., Styrofoam) by food service providers and stores. This decision reverses a trial court decision granting a motion for summary judgment in favor of the city and finding that the three state laws in question were unconstitutional.

In its decision, written by Judge Norma S. Lindsey, the Florida Third District Court of Appeal held that the ordinance was preempted by …

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Don’t Go Taking My Land: Did SCOTUS Find a Serious Hurdle for State Limitations on Energy Development?

What does a private graveyard have to do with environmental regulation? Potentially a lot. The United States Supreme Court recently ruled that property owners can forgo state court to assert claims that the government unconstitutionally allowed a “taking” of their land. Most are familiar with the takings clause of the U.S. Constitution’s Fifth Amendment: “[N]or shall private property be taken for public use, without just compensation.” That is, governments are not permitted to take private property without providing fair value.

The decision, Knick v. Township

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Another Study Finds Popular Cereals and Snack Products Contain Traces of Glyphosate

The Environmental Working Group (EWG) – a consumer products testing and environmental advocacy organization – recently commissioned a new round of laboratory tests that it claims detected traces of glyphosate in various popular cereals and snack food. Glyphosate purportedly was in these foods because it is used in herbicides applied to various source crops, such as grains and corn.

In total, 21 oat-based food products were tested and all but four contained trace levels of glyphosate. The highest levels of glyphosate were detected at 833 …

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Record-Setting $2 Billion Verdict In Glyphosate Litigation

Previously, we reported two significant jury verdicts involving alleged exposure to glyphosate-containing Roundup, including a $289 million verdict and an $80 million verdict, both occurring in California courts within the past year.

In another plaintiff’s victory, an Alameda County jury has reached a record-setting $2 billion verdict against Monsanto — the largest in history involving alleged exposure to glyphosate. This is now the third consecutive herbicide trial where a jury has found in favor of plaintiffs.

The plaintiffs in this case, Alva and Alberta …

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Avoiding Surprise: Unregulated Chemicals and Risk Webinar

Co-EditoGeorge Buermann be co-presenting a Perrin webinar titled “Avoiding Surprise: Unregulated Chemicals and Risk” on May 14, 2019 from 2 – 3:30 p.m. EST.

This webinar will cover the following topics:

  • Why some chemicals are regulated
  • The risk paradigm related to chemicals: Presumption of innocence vs. Precautionary principal
  • Possible Risks: Environmental Pollution, Toxic Tort, Nuisance, and Product Liability
  • Understanding how human health/ecological risk is assessed
  • Risk management/mitigation strategies

Learn more and register here.…

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