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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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Setting a New Standard - EPA Initiates Rulemaking To Adopt ASTM Issues E1527-21 as a New Standard for Phase I Environmental Site Assessments
By: John Huldin
EPA has adopted ASTM E1527-21, a new standard for conducting Phase I Environmental Site Assessments (Phase I) from The American Society for Testing and Materials (ASTM) Committee on Environmental Assessment. The new rule is effective Feb. 13, 2023.
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Federal Court Ruling Could Raise the Bar for Proving Causation Under CERCLA
By: Frank Deveau and Thomas Sokolowski
Without widespread alarm, the United States District Court for the Central District of California rejected a plaintiff’s claim this past October for reimbursement of millions of dollars in the CERCLA cost-recovery case, California Department of Toxic Substances Control v. NL Industries, Inc., ___ F. Supp. 3d ___, No 2:20-CV-11293-SVW-JPR, 2022 WL 14769903 (C.D. Cal. Oct. 20, 2022). The implications of this decision, however, could echo loudly in future CERCLA cost-recovery actions, as the decision defines a new standard for establishing the causation prong in such an action.
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EPA and US Army Corps of Engineers Publish Final WOTUS Rule
By: Clayton Smith
Knowing when Clean Water Act permitting is required is a question for the ages that has wreaked havoc on many projects in the decades since EPA first attempted to define the term “waters of the United States,” also known as “WOTUS.” Since the 1970s, this definition has been the subject of great controversy, with three U.S. Supreme Court cases, the Obama administration, the Trump administration, and the Biden administration, all attempting to craft definitions that capture the extent of federal authority over navigable waters.
>> Read More
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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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