LATEST INSIGHTS

New Jersey / Water Contamination
Posted by:

Temperatures And Enforcement Actions On The Rise In The Garden State

New Jersey state officials are moving forward with plans to increase environmental enforcement lawsuits. In what he described as a “new day,” Attorney General Gurbir Grewal announced the filing of six separate lawsuits on August 1, 2018. In a statement, Attorney General Grewal said “We’re sending a message to every company across the state: if you pollute our natural resources, we’re going to make you pay.”

Three of the lawsuits are aimed at recovering damages for the harm caused by pollution to properties, groundwater, and …

Continue Reading
Climate Change
Posted by:

U.S. Supreme Court Denies Government’s Request for Stay in Climate Change Suit Brought by Minors

On July 30, 2018, the United States Supreme Court denied the federal government’s request for a stay in the climate change lawsuit brought by 21 children, pending in the U.S.D.C. for the District of Oregon, known as the Juliana matter. The lawsuit was originally filed in 2015 against President Obama and numerous federal agencies, alleging that the executive branch contributed to climate change in violation of the children’s rights under the Fifth and Ninth Amendments to the Constitution and an asserted federal public-trust doctrine. The …

Continue Reading
General / Legislation / New York
Posted by:

NYS DEC Adopts First Major Update to State’s Environmental Quality Review Regulations in 20 Years

On June 28, 2018, the New York State Department of Environmental Conservation (DEC) promulgated revisions to the State Environmental Quality Review Act (SEQRA).

These are the first substantial revisions to SEQRA in over 20 years.The amendments go into effect beginning January 1, 2019 and will apply to all pending and future actions.

Under SEQRA, actions are classified into three main designations: Type I, Type II, and Unlisted. The new amendments provide major changes to the types of projects that fall under the Type I and …

Continue Reading
General
Posted by:

New Class Certifications in Toxic Tort / Environmental Litigation May Be Indicative Of A Larger Trend

It is well-known in toxic tort and environmental legal circles that plaintiffs have inherent difficulties when seeking to certify a class of “injured” plaintiffs. Individualized issues of causation, exposure, and damages pervade just about all cases — and courts have long recognized this. Our blog posted recently on the medical monitoring PFOA class action in upstate New York that was certified in early July 2018 (i.e., Burdick v. Tonoga). That case is a clear outlier as it may be the first class action …

Continue Reading
Emerging Issues / New York
Posted by:

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 …

Continue Reading
Clean Air Act / Climate Change / New York
Posted by:

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 …

Continue Reading
Coal Ash
Posted by:

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 …

Continue Reading
Hydraulic Fracturing / Wastewater
Posted by:

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 …

Continue Reading
Louisiana / Pipeline
Posted by:

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 …

Continue Reading
General
Posted by:

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 …

Continue Reading