U.S. EPA this month proposed a rule that will seek to exempt factory farms, also known as concentrated animal feeding operations (CAFOs), from reporting emissions from animal waste under the Emergency Planning and Community Right-to-Know Act (EPCRA). The Acting EPA Administrator Andrew Wheeler (who President Trump has now officially recommended to head up the EPA) stated that exempting factory farms will provide clarity to farmers and ranchers, who were given an exemption in March of this year from reporting air emissions under the Comprehensive …
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Fracking Wastewater Does Not Meet Definition of “Toxic” Under Pennsylvania Law, Appellate Court Says
Pennsylvania’s appellate courts continue to be active in shaping the state’s laws surrounding hydraulic fracturing. Recently, in Protect PT v. Penn Township Zoning Hearing Board and Apex Energy (PA) LLC, the Commonwealth Court affirmed a zoning board’s decision permitting a natural gas company to store large quantities of wastewater from fracking operations at and around multiple drilling sites because it did not meet the definition of “toxic” material, as set forth under local ordinance, among other reasons.
In this decision involving multiple special exception …
Continue ReadingWhat’s at Stake? Two Different Approaches to Climate Change – Part II The NHTSA Fuel-Efficient Vehicle Rule Draft Environmental Impact Statement
As introduced in Part I of this two part posting, two recently released documents – the Intergovernmental Panel on Climate Change report, Global Warming of 1.5°C Summary for Policymakers (IPCC Summary), issued on October 8, 2018, and the Safer Affordable Fuel-Efficient Vehicles Rule for Model Year 2021-2026 Passenger Cars and Light Trucks Draft Environmental Impact Statement (EIS), issued by the National Highway Traffic Safety Administration in July 2018 – provide a stark contrast in how to respond to the threat posed by climate change.
The …
Continue ReadingHappy Thanksgiving!
We wanted to take a moment and wish all of our subscribers and their families a very Happy Thanksgiving. Environmental Law Monitor will return next Thursday (11/29) with new posts. Once again, Happy Thanksgiving!…
Continue ReadingCalifornia Wildfires Provide Another Forum for Climate Change Debate
In 2018, California has seen a spate of devastating wildfires that has already consumed more than 1,000,000 acres, caused scores of deaths, rampant property destruction, and millions of dollars in economic loss. Following a 2017 fire season that was nearly equally as tragic, a public debate has emerged regarding the origin of the increased frequency and intensity of these disasters.
In August, following fires in Redding, California, and in the last week during blazes outside of Sacramento and Los Angeles, the president criticized forest management …
Continue ReadingCity of Newark Distributing Water Filters Following Ineffective Lead Treatment Program
The City of Newark, NJ has been battling an aging and decaying infrastructure for years. More specifically, Newark’s aging water supply and service line infrastructure is one of many challenges it, and other similarly situated cities face.
The issue of lead in drinking water captured the nation’s attention several years ago with the heath crisis that impacted (and is still impacting) Flint, Michigan. The concern involving drinking water quality and excessive lead levels is, however, far from limited to that region.
Last year, Newark reported …
Continue ReadingDi-can’t-a Part 3: Revenge of the Dicamba
Last year, we noted the commencement of several class action lawsuits involving dicamba, a widely-used herbicide that has come under fire recently based on allegations that its use has resulted in collateral damage to crops and other plant life on neighboring properties that have not been genetically modified to resist dicamba.
Dicamba Updates
Yesterday, Monsanto Co. and BASF Corp. asked a Missouri federal judge to toss a proposed class action by farmers alleging the companies purposely distributed dicamba and withheld information about its harmful …
Continue ReadingATSDR PFAS Update: No Final Report Yet, But Further Guidance on Minimal Risk Levels and Drinking Water Concentrations
As most of our readers know, our firm has written extensively on PFAS, and we recently gave a 30 minute, free webinar on the important findings of the ATSDR’s toxicological profile on per- and polyfluoroalkyl substances (PFAS). The webinar discussed the Agency for Toxic Substances and Disease Registry’s role in setting minimal risk levels (MRLs) for toxic substances, including comprehensive analyses of selected contaminants that are deemed most harmful to human health. Because the PFAS profile is perhaps the most thorough evaluation of the …
Continue ReadingGeorge Buermann to speak at CLM Southeast Conference on Mitigation Tools for Environmental Crisis Management
Join Goldberg Segalla’s George Buermann on November 9 at the 2018 CLM Southeast Conference in Atlanta, GA. George will be part of a panel discussion titled, “Weathering the Storm: Effective Mitigation Tools for Environmental Crisis Management.” The panel will discuss the actions insurers and businesses can take to shift their posture from being reactive to a preplanning and preventative stance as well as ways to minimize and mitigate damages that arise from environmental disasters and emergencies. The panel will offer instruction on how to prepare …
Continue ReadingBreaking News / Glyphosate Update: Plaintiff Accepts Significantly Reduced Award in First of Its Kind Glyphosate Verdict
Last week, we reported that the judge who presided over the first trial related to alleged personal injuries from exposure to Monsanto’s glyphosate-containing herbicides slashed $211 million off of the $250 million awarded to the plaintiff in punitive damages. The reduction effectively brought the jury’s prior total award of $289 million down to $78.5 million – $39.25 million in punitive damages and $39.25 million in compensatory damages. The court had ruled that the plaintiff had to decide whether to accept the reduced award or seek …
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