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Looking Back at Hurricane Harvey and the Road to Recovery Ahead

Mon Dec 11th, On Environmental Law, by

Hurricane Harvey made landfall near Port Aransas on August 25th, 2017 before turning northeast and inland, stalling over southern Texas and bringing between 40 and 61 inches of rainfall to eastern Texas and parts of Louisiana. According to a press release by the Federal Emergency Management Agency (FEMA), “the Houston area experienced the largest amount of rainwater ever recorded in the continental United States from a single storm (51.88 inches). […]

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, […]

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