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A Finding as Rare as a Unicorn: EPA’s Emhart Remedy is Arbitrary and Capricious

Tue Oct 17th, On Environmental Law, by

In Emhart Industries, Inc., v. New England Container Company, Inc., 2017 Wl 3535003 (D. RI 2017), the U.S. District Court found the Environmental Protection Agency (“EPA”) remedy was arbitrary and capricious.  Administrative Record Judicial review under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) is strictly limited to reviewing the administrative record to determine if EPA’s action was arbitrary and capricious, but the court ruled it could review EPA’s […]

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Recent Reports Show the Extent of the Environmental Impact of Hurricane Harvey

Thu Oct 12th, On Environmental Law, by

Over the past few weeks, a series of devastating storms have battered the Gulf of Mexico, the Caribbean, and the Eastern Coast of the United States.  Hurricane Harvey, followed shortly by Hurricanes Irma and Jose, have claimed the lives of at least 100 people so far and are estimated to have caused billions of dollars’ worth of damage to local communities and infrastructure. Hurricanes Irma and Jose made landfall as […]

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Does EPA Have Statutory Authority from Congress to Issue a 2015 Rule Regulating HFCs?

Fri Oct 6th, On Environmental Law, by

In August, the D.C. Circuit ruled on a separation of powers issue concerning whether the Environmental Protection Agency (“EPA”) had statutory authority from Congress to issue a 2015 Rule regulating the use of hydrofluorocarbons (“HFCs”).  This 2015 Rule followed and expanded upon the emission regulations established in the 1990 amendment to the Clean Air Act. Specifically, in 1990 the Clean Air Act was amended to construct a system for phasing-out […]

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