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General
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A “Natural”? Court Dismisses Trace Glyphosate Claim Against Orange Juice Growers

Glyphosate litigation continues to grow apace.  In addition to the massive numbers of personal injury cases based on exposure to the popular herbicide, on which we have reported previously, the plaintiffs have begun to file cases alleging deceptive trade practices against companies that market food products containing trace amounts of glyphosate with labels like “Natural” or “Pure”.

 

​One such case was brought in federal court in New York against Florida’s Natural Growers, Inc. and its parent company, Citrus World, Inc., makers of Florida’s Natural …

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EPA / Pennsylvania / PFOA
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Another State Takes a Seat at the PFAS Table – Developments in the Commonwealth of Pennsylvania

As an emerging issue touching most corners of the country, our firm’s lawyers report on everything PFAS. Although New York and New Jersey — the latter being one of the leaders on PFAS action — are popular subjects, we come to you today with an update from their neighbor: the great Commonwealth of Pennsylvania. A state without its own PFAS regulations, it has been taking meaningful steps in the last few months to investigate these substances.

On September 19, 2018, Governor Wolf signed an executive …

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Litigation / New Jersey
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NJ District Ct Sets High Bar To Impose CERCLA and RCRA Liability Against Government For Remedial Costs – Direct Control Needed

In PPG Industries, Inc. v. United States of America, et al., the District Court in New Jersey recently found in favor of the government in a CERCLA contribution action.

PPG Industries, Inc. (plaintiff) sued the United States, the Department of Defense, and the Department of Commerce (defendants) for (1) cost recovery and contribution under CERCLA and for remediation assistance under the Resource Conservation and Recovery Act (RCRA).

The plaintiff owned property in Jersey City, New Jersey and operated a chromite ore processing plant from …

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Coal Ash / EPA / Illinois
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Environmental Groups Urge Illinois State Legislature to Take Action Regarding Coal Ash Ponds

A report, authored by the Environmental Integrity Project, Earth justice, Prairie Rivers Network, and the Sierra Club, found that groundwater near 90 percent of reporting Illinois coal ash sites contain toxic pollutants like arsenic, cobalt, and lithium. The report’s results are based on data sets made public for the first time earlier this year as part of new federal regulations of coal ash, a toxic byproduct of coal-fired power generation that is commonly stored in unlined ponds or landfills near the plants. The groups are …

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Agriculture / Emerging Issues / Emissions / President Trump
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Factory Farms, Emissions, and Nuisance Litigation

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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Hydraulic Fracturing / Pennsylvania / Wastewater
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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 …

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Climate Change / Emissions / Regulations
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What’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 …

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California / Climate Change
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California 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 …

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New Jersey / Water Contamination
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City 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 …

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