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We are pleased to present you with Taft’s Environmental newsletter, a collection of insights from our team to yours. For more information on our environmental practice, please visit www.taftlaw.com.
Is there a subject you’d like to see in the next newsletter? Contact the editor here. |
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Second Circuit Affirms Dismissal of New York City’s Climate Change Lawsuit Against Oil Companies
By: Jeff Stemerick
In City of New York v. Chevron Corp., ___ F.3d ___, No. 18-2188, 2021 WL 1216541 (2d. Cir. Apr. 1, 2021), the U.S. Court of Appeals for the 2nd Circuit affirmed the dismissal of New York City’s climate change lawsuit against Chevron, Conoco Phillips, Exxon Mobil, Shell, and BP. The city alleged that the oil companies are primarily responsible for global warming and thus should be forced to pay the costs of climate-proofing the city’s infrastructure under New York state nuisance and trespass law. The city’s suit essentially sought to regulate the production and sale of fossil fuels — otherwise lawful commercial activity — under New York common law not just in New York City, but throughout the world.
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Five-Year Review of USS Lead Superfund Site Provides Opportunity To Evaluate Biden Administration’s Stance on Environmental Justice
By: John Huldin
On Feb. 8, 2021, the U.S. Environmental Protection Agency (EPA) announced it was conducting a five-year review of a 322-acre residential area of the USS Lead Superfund Site in East Chicago, Ind. EPA will review the soil cleanups completed in residential parts of the site, including the neighborhood around the former Carrie Gosch School. This is the first five-year review since Atlantic Richfield Co. and E.I. Du Pont De Nemours and Co. agreed to cleanup the site, including the removal of contaminated soil.
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Fourth Circuit Finds Compliance Water Act Permit Shields Mine from Violation of Mining
By: Jeff Stemerick
In Southern Appalachian Mountain Stewards v. Red River Coal Co., ___ F.3d ___, No. 19-2194, 2021 WL 1182464 (4th Cir. 2021), the U.S. Court of Appeals for the 4th Circuit held that Red River Coal Company’s (Red River) compliance with its Clean Water Act permit shielded Red River from liability under the Surface Mining Control and Reclamation Act.
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Army Corps Releases Finalized Nationwide Permit Revisions
By: Val Herring
The U.S. Army Corps of Engineers (Corps) is moving forward with its September 2020 proposal to renew and revise a range of nationwide permits (NWPs) needed for work in wetlands, streams, and other waters of the U.S. under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. When the Corps initially proposed renewing the NWPs, it stated that it was “proposing these modifications to simplify and clarify the NWPs, reduce burdens on the regulated public, and continue to comply with the statutory requirements that these NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental impacts.” The proposals responded, in part, to a March 2017 executive order directing federal agencies to review existing regulations that may unnecessarily burden production or use of domestic energy resources.
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Taft’s Environmental Law Newsletter is used to inform our clients and friends of significant new developments and current issues in environmental law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.
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