“Sham Recycling” Hazardous Waste Rule Under Scrutiny

Wed Aug 16th, On Environmental Law, by

The definition of “solid waste,” under the Resource Conservation and Recovery Act, came under scrutiny as the D.C Circuit Court ruled on Am. Petroleum Inst. v. Envtl. Prot. Agency, No. 09-1038, 2017 WL 2883867 (D.C. Cir. July 7, 2017) on July 7th.  By striking down restrictions that were added in 2015, this ruling altered an EPA hazardous waste rule to appear more similar to its 2008 form.    The D.C […]

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CERCLA Preempts State Law Damages Claims

Fri Aug 11th, On Environmental Law, by

On May 19, 2017, in Bartlett v. Honeywell Int’l, Inc., (N.D.N.Y. May 19, 2017), the United States District Court for the Northern District of New York dismissed common law claims for property damages based on CERCLA preemption.  Plaintiffs alleged their property was damaged because it is adjacent to a property used to store and treat dredged sediment from the Onondaga Lake Bottom Superfund Site. The Plaintiffs asserted three causes of action: […]

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Environmentally Conscious Shareholders Require Companies to Assess Climate Change Policies on Business Portfolios

Thu Jul 6th, On Environmental Law, by

On May 31, shareholders of ExxonMobil Corp. (“Exxon”) approved a proposal that would require Exxon to publish an annual assessment of the long-term portfolio impacts of global climate change policies (the “Proposal”).  Exxon joins two other major companies, Occidental Petroleum (“Occidental”) and PPL Corp. (“PPL”), where shareholders approved similar proposals requiring additional reporting on the business impacts of climate change policies. The proposals at Exxon, Occidental, and PPL all cite […]

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Bick Law LLP Publishes an Article in Law360 – California Contamination Cases: Response Cost Recovery Guide

Fri Jun 23rd, On Environmental Law, by

  On June 1, the Court of Appeals for the Fourth Appellate District of the state of California affirmed in part and reversed in part, and remanded with directions, the appeal by the Orange County Water District (OCWD) of the Superior Court of Orange County’s judgment in favor of the defendants in the underlying case. Orange County Water District v. Alcoa Global Fasteners (2017) _ Cal.App.5th _ , 2017. Importantly, the appellate […]

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