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CERCLA § 113(h) Bar of Pre-Enforcement Review Applied to State Law Medical Monitoring Claims – Giovanni v. U.S. Department of the Navy

Thu Nov 16th, On Environmental Law, by

In Giovanni v. U.S. Dep’t of the Navy, 2017 U.S. Dist. Lexis 104074 (E.D. Pa. July 6, 2017), the Navy obtained a dismissal of a state law claim for medical monitoring based on the “timing of review” provisions of the Comprehensive Environmental Response, Compensation and Liability Act  (“CERCLA”). The plaintiffs claimed they were exposed to contaminated groundwater, suing the Navy in state court under Pennsylvania’s analog to CERCLA and common law, seeking […]

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California Supreme Court Rules in favor of California Coastal Commission’s 20 Year Permit in Seawall Debate

Tue Nov 14th, On Environmental Law, by

Sea level rise is quickly becoming one of the most pressing climate issues facing coastal cities around the world.  According to the National Oceanic and Atmospheric Administration (NOAA), global sea levels will rise by as much as 6.6 feet (2.0 meters) by the year 2100.  Rising sea levels and shrinking coastlines present a huge problem to the United States.  According to a report by NOAA and the U.S. Census Bureau, […]

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EPA Administrator Scott Pruitt Issues New Directive Designed to Bring “Sue and Settle” Practice to a Close

Thu Nov 9th, On Environmental Law, by

On Monday October 16, EPA Administrator Scott Pruitt published a directive outlining a series of new regulatory measures intended to curtail the “sue and settle” tactic frequently utilized by environmental groups to enforce policy changes.  The term refers to a practice most commonly employed by environmental groups when suing the EPA for neglecting deadlines or failing to perform non-discretionary acts under the Clean Water Act (CWA), Endangered Species Act (ESA), […]

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