Environmental Law Monitor

PFAS Update — Hudson Valley City Authorizes its City Council to Commence Suit Involving PFOS Contamination to Drinking Water Supply

The City of Newburgh, New York has had enough. After the city’s water supply was shut down following contamination by perfluorooctane sulfonate, a toxic chemical known as PFOS, residents have authorized its city council to commence a lawsuit against the alleged contaminator, a nearby Air National Guard Base.

PFOS, and the related chemical PFOA (both of which are part of the class of Perfluoroalkyl and Polyfluoroalkyl substances, known as PFASs) was first discovered in Newburgh’s water supply in mid-2016. Washington Lake, Newburgh’s main drinking water …

January 11, 2018 Hydraulic Fracturing

Posted by: Goldberg Segalla

Shale Watch Alert — Delaware River Basin Commission Moves Toward Hydraulic Fracturing Ban

While the Trump administration has ushered in an era of deregulation on the environmental front, including proposals to repeal Obama-era standards governing hydraulic fracturing on government land, the Delaware River Basin Commission (the Commission) recently made headway in the other direction. On November 30, 2017, the Commission approved a resolution that could lead to a ban on hydraulic fracturing in the Delaware River watershed —a region that includes 24 counties in portions of New York, New Jersey, Pennsylvania, and Delaware. The Commission is a multi-state …

January 4, 2018 New Jersey / New York / PFOA

Posted by: Oliver E. Twaddell

The PFOA/PFOS Conversation Moves from New Jersey to New York

In November, we reported on New Jersey’s adoption of the lowest Maximum Contaminant Limits (14 parts per trillion) for PFOAs (perfluorooctanoic acid) in the nation. And a few weeks ago, we reported on the New Jersey scientists that are urging the state to impose a strict limit of 13 ppt for perfluorooctane sulfonate (PFOS) as the level at which human health would be protected over a lifetime of exposure. Now we move to New York.

In September 2017, New York Governor Andrew Cuomo announced his …

January 4, 2018 Clean Air Act / Maryland

Posted by: Goldberg Segalla

MTBE Update — Maryland AG’s Office Commences MTBE Litigation Against 50 Oil Companies

Just last month, the Maryland Attorney General filed suit in Baltimore City Circuit Court against over 50 petroleum related companies to recover damages and address widespread contamination of Maryland’s waters with methyl tertiary butyl ether (MTBE). MTBE is a chemical compound that was used as a fuel additive in gasoline since the late 1970s to make the fuel burn more cleanly, reducing smog. In the 1990s, MTBE was used specifically to fulfill the oxygenate requirements set by Congress in the 1990 Clean Air Act Amendments. …

United States Environmental Protection Agency sign on the Clinton building

January 4, 2018 Clean Power Plan / EPA

Posted by: Goldberg Segalla

EPA Takes Baby-Step Toward Replacing Clean Power Plan

Last month, the Environmental Protection Agency took the first miniscule step toward replacing the Obama-era Clean Power Plan (CPP) when it announced that it will seek public input on “the proper and respective roles of the state and federal governments” in setting emissions limits on greenhouse gases.

The CPP is a regulation set forth by the EPA under the Obama administration aimed at cutting greenhouse gas emissions from power plants. Among other things, the CPP sets a goal to reduce carbon dioxide emissions from power …

$Three hydro- fracking derricks drilling natural gas on a plain$

December 21, 2017 Hydraulic Fracturing

Posted by: Goldberg Segalla

The Delaware River Basin Commission Moves Toward Fracking Ban

While the Trump administration has ushered in an era of deregulation on the environmental front, including proposals to repeal Obama era standards governing hydraulic fracturing on government land, the Delaware River Basin Commission (the DRBC) recently made headway in the other direction. On November 30, 2017, the DRBC approved a resolution that could lead to a ban on hydraulic fracturing in the Delaware River watershed, a region that includes 24 counties in portions of New York, New Jersey, Pennsylvania, and Delaware. The DRBC is a …

December 21, 2017 Litigation

Posted by: Goldberg Segalla

Paddling Upstream — Lawsuit Looking to Recognize the Rights of the Colorado River Dismissed

A novel approach to finding a plaintiff meets a quick end. In September 2017, an environmental group filed a lawsuit in Colorado federal court. That lawsuit sought to force the State of Colorado to “protect and defend” the Colorado River ecosystem. While that action itself is not original in any sense, the named plaintiff was. The suit claimed it was filed on behalf of “The Colorado River Ecosystem.”

Undeterred by the fact that the Colorado River is not a person, the lawsuit claimed the river …

December 14, 2017 Coal Ash

Posted by: Rosa D. Forrester

Pain in the Ash: Citizens in Virginia and North Carolina Seek Protection from Hazardous Coal Ash Waste

Power companies in North Carolina and Virginia are currently battling with their neighbors over the best method to store coal ash waste.

Coal ash, also referred to as coal combustion residuals, is the resulting waste following the burning of coal in coal-fired power plants. The ash is often disposed of in surface impoundments, landfills, and nearby waterways. When improperly disposed of, coal ash is hazardous to the surrounding environment, as it contains contaminants like mercury, cadmium and arsenic. In the case of a coal ash …

December 7, 2017 New Jersey / PFOA

Posted by: Oliver E. Twaddell

First for First’s Sake or Sound Policy? New Jersey Again Focuses on PFAS MCLs

A few weeks ago, we reported on New Jersey’s adoption of the lowest Maximum Contaminant Limits (14 parts per trillion) for PFOAs (perfluorooctanoic acid) in the nation. And now we come to you with the latest development in the realm of perfluoroalkyl and polyfluoroalkyl substances (PFASs). This past week, New Jersey scientists urged the state to impose a strict limit of 13 ppt for perfluorooctane sulfonate (PFOS) as the level at which human health would be protected over a lifetime of exposure. Support for …