Monthly Archives: November 2017

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 […]

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, […]

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), […]

Climate Justice in the Wake of the 2017 Atlantic Hurricane Season

Tue Nov 7th, On Environmental Law, by

The recent damage caused by Hurricanes Harvey, Irma, Jose, and Maria has been disastrous and the true extent of the destruction is only just beginning to be uncovered. According to a report by Moody’s Analytics, Hurricanes Harvey and Irma may have cost the U.S. between $150 and $200 billion while Jose and Maria may have caused between $45 and $90 billion worth of damage to Puerto Rico. The series of […]

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