LATEST INSIGHTS

Emerging Issues / New York
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Legionella Strikes Again In New York City

As we recently reported, New York City recently increased its enforcement of regulations for treating cooling towers, particularly given that the increased risk of legionella from cooling towers during the warmer summer months.

Legionnaires’ disease is caused by pathogen known as legionella. Legionella is a water-borne bacteria, transmitted through aerosolized droplets of water, e.g., the mist or condensation by-products of HVAC cooling towers on top of buildings. While a relatively common bacteria, legionella, when not properly treated in a water system, can …

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Clean Air Act / Climate Change / New York
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Kivalina and AEP Claim Another Victim – New York Climate Change Suit Falls

Like the proverbial acid relentlessly burning its way through materials in which it comes in contact, the relentless reasoning underlying the Am. Elec. Power Co., Inc. v. Connecticut, 564 U.S. 410 (2011) (AEP) and Native Village of Kivalina v. ExxonMobile Corp., 696 F.3d 849 (9th Cir. 2012) (Kivalina) climate lawsuits has claimed another victim.

After taking out the lawsuits filed by the cities of San Francisco and Oakland earlier this summer (Order), Kivalina and AEP now …

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Coal Ash
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Pain in the Ash: Part II- The Reckoning

The Environmental Law Monitor reported earlier this year on battles between environmental activists and power plants over the controversial storage of toxic coal ash waste near waterways and in landfills. The battle rages on this week after the EPA finalized a rule on July 17, 2018 that reduces Obama-era requirements for handling and storing the dangerous waste, thrilling the coal industry and evoking anxiety from activists.

Acting EPA Administrator Andrew Wheeler enacted a new standard for storing coal ash at more than 400 coal-fired power …

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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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General
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CMS Clarifies Legionnaires Infection Control Requirement For Nursing Homes

In early July, the Centers for Medicare and Medicaid Services (CMS) issued a clarifying memorandum to certified healthcare facilities regarding CMS’s “expectations” for mitigation of legionella risks. Specifically, CMS’s letter revises a prior memorandum and clarifies expectations related to legionella risk mitigation.

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. The number of legionnaires cases reported to CDC has …

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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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