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Insights

Can The President Legally Reduce the Size of Bears Ears?

Tue Apr 23rd, On Environmental Law, by

On April 17, 2019, in ongoing consolidated cases in the US District Court for the District of Columbia, the Federal defendants released responses to briefs of amici curiae. The Federal defendants continued to argue that the Antiquities Act of 1906 grants President Trump the authority to reduce the size of national monuments. The plaintiffs in two consolidated cases (Hopi Tribe, et al., v. Donald J. Trump and Utah Diné Bikéyah, […]

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New Legislation Labels all PFAS as “Hazardous Substances” under CERCLA

In March 2019, a group of senators introduced legislation to classify all Per- and Polyfluoroalkyl Substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). If this bill is approved, cleanups pertaining to PFAS chemicals will be “eligible for CERCLA cleanup funds and cost recovery actions.” This motion depicts the continuing efforts to increase PFAS regulation nationwide. In November 2017, the California Office of Environmental […]

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U.S. Court of Appeals for the District of Columbia Strikes Down Challenges to 300-mile Mountain Valley Pipeline

Fri Mar 29th, On Environmental Law, by

On February 19, 2019, the United States Court of Appeals for the District of Columbia issued an unpublished opinion rejecting multiple petitions for review filed by environmental groups such as Appalachian Voices, Chesapeake Climate Action Network, and the Sierra Club. The case centers around a 300-mile natural gas pipeline extending from Wetzel County, West Virginia to Pittsylvania County, Virginia. The case arose in December 2017, following the publication of the […]

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California State Water Resources Control Board Announces “PFAS Phased Investigation Plan”

Thu Mar 28th, On Environmental Law, by

On March 6, 2019, the California State Water Resources Control Board announced a “Phased Investigation Plan” for Per- and Polyfluoroalkyl Substances (PFAS). Two different kinds of PFAS, Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS), are commonly used in various consumer products ranging from carpet to cookware items. Although PFOA and PFOS give these consumer products ideal waterproof and stain-resistant characteristics, these chemicals do not break down in the environment, often […]

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