Environmental Newsletters

Taft's Environmental Practice publishes a newsletter examining and highlighting environmental law developments on this ever-changing area of law. To subscribe, click here

  • August 2020 Environmental Newsletter
    • Nationwide Permit 12 Temporarily Revived, but Keystone XL Remains Stalled
    • Final Navigable Waters Protection Rule Goes Into Effect, Changing the Game for Property Developers, Farmers, and Industry Across the US
    • EPA Continues Aggressive Pesticide Enforcement: Amazon and eBay Ordered to Stop Sale of Certain Pesticides Claiming Efficacy Against COVID-19
    • Proposed IRS Rule Allows Deduction of EPA Fines and Penalties
    • EPA Releases Temporary Guidance on Respiratory Protection for Agricultural Pesticide Handlers During COVID-19
  • June 2020 Environmental Newsletter
    • EPA Compliance Advisory Warns Against Making False and Misleading Product Claims Related to COVID-19
    • Supreme Court Holds NPDES Permits Required for Discharges Through Groundwater
    • Montana Judge Revises NWP 12 Vacatur to Allow Non-Pipeline Projects to Proceed
    • EPA Announces Publication of Final Navigable Waters Protection Rule
    • Holding Gives Additional Guidance on How to Satisfy “All Appropriate Inquiries”
  • April 2020 Environmental Newsletter
    • EPA Temporarily Amends Process for Active Ingredient Approval to Boost Supply of Disinfectants During COVID-19 Pandemic
    • EPA Administrator Andrew Wheeler Talks Disinfectant Products and False Claims of Effectiveness Against COVID-19
    • District Court Holds CERCLA Preempts ELA’s Statute of Limitations
    • EPA Announces Temporary Enforcement Policy Given COVID-19 Pandemic
    • Navigating IDEM’s Revised Requirements During the COVID-19 Pandemic
    • Requesting Regulatory Flexibility From Ohio EPA in Response to COVID-19
  • January 2020 Environmental Newsletter
    • EPA Makes Inflation Adjustment to Civil Penalties
    • Less Implications for PFAS Under the Final National Defense Authorization Act (2020)
    • EPA Proposes Three Major Revisions to CCR Rule
  • November 2019 Environmental Newsletter
    • Taft's Rob Bilott and the DuPont Legal Battle Featured in Hollywood Movie "Dark Waters" and New Book "Exposure" This Fall
    • In Sentencing Order, Trucking Company Ordered to Pay $3 Million for Illegal Transport of Hazardous Materials
    • PHMSA Issues Final Rules Overhauling Pipeline Safety
    • Developer Convicted for Removing and Disposing of Asbestos in Violation of the Clean Air Act
    • Company Sentenced to Probation & Penalties, Employees Indicted on Federal Criminal Charges for Failing to Comply with Industrial Wastewater Pretreatment Requirements
    • EPA Evaluating Application for Experimental Pesticide to Combat Mosquitos
  • September 2019 Environmental Newsletter
    • EPA Issues Revised Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Landowner Defense Guidance
    • EPA Issues Guidance to Glyphosate Registrants Regarding Inconsistent FIFRA and California Labeling Requirements
    • Seventh Circuit Ends Bid to Shift 19-Year-Old Environmental Liability
    • Seventh Circuit Resolves Decades-Long Wetlands Dispute in Favor of Farmer—Holds USDA Wetlands Determination Was Arbitrary
  • July 2019 Environmental Newsletter
    • Imminent Regulation of “Forever Chemicals” Could Impact Today’s M&A and Real Estate Deals
    • Corporation Held Liable as CERCLA Arranger For Knowingly Offloading Contaminated Buildings
    • Death, Taxes and CERCLA
    • Exclusive or Inclusive? Supreme Court to Decide the Applicable Remedies to Those Effected by the Anaconda Smelter Superfund Site
    • Colorado’s Rocky Mountain Arsenal Is the Subject of Ongoing Litigation Over Environmental Cleanup
  • May 2019 Environmental Newsletter
    • Cement Plant Must Seek Rezoning to Burn Liquid Waste Derived Fuel
    • California City Held Responsible for Half of Future PCE Cleanup Costs For Failing to Maintain its Sewer System
    • Ohio's Personal Participation Theory and its Effect on Shareholder Liability
  • March 2019 Environmental Newsletter
    • Solicitor General Files Brief in Support of Supreme Court Review in Hawaii Wildlife Fund v. County of Maui
    • Court Untangles Comingled Plume of Liability and Provides BFPP Guidance in Von Durpin LLC v. Moran Electric Service, Inc. et. al.
    • EPA Announces Next Cycle of National Compliance Initiatives With New Focus on Drinking Water and Lead Exposure
  • January 2019 Environmental Newsletter
    • Sixth Circuit Rules Clean Water Act Only Regulates Direct Discharges
    • Ten Year Statute of Limitations Applies to Environmental Legal Action Statute
    • Trinity, the Corporate Form and How to Avoid Parent-Subsidiary CERCLA Liability
  • October 2018 Environmental Newsletter
    • Dry Cleaning Machine Manufacturer Not Liable Under Indiana's ELA Statute
    • Fourth Circuit Rules Passive Ash Surface Impoundments Are Not Point Sources
    • Non-Retailers Beware: New California Proposition 65 Regulations Are in Effect
    • Caveat Emptor: Ninth Circuit Finds CERCLA Third-Party Defense Unavailable to Purchaser in Tax Sale
  • July 2018 Environmental Newsletter
    • Renewable Energy and Natural Gas to Make Up Most of 2018 Electric Capacity Additions
    • D.C. Circuit Affirms Regional Circuit Interpretations of Clean Air Act Only Bind EPA in That Regional Circuit
    • Washington Federal Court Rules Site Characterization Costs Under Consent Agreement Are Not “Defense Costs”
    • Texas Finds Individual Liable for Corporate Environmental Violation
  • November 2017 Environmental Newsletter
    • 9th Circuit Holds Government Must Share in Cleanup Costs for Defense Contractor’s Site
    • Government Clarifies FDA and EPA Jurisdiction Over Mosquito-Related Products
    • Food and Drug Administration Reaffirms 2005 Enforcement Guidance Regarding Permissible Pesticide Residues on Food
    • EPA Issues Guidance to Combat Pesticide Resistance
    • Tyson Poultry Pleads Guilty and Agrees to Pay $2.5 Million for Clean Water Act Violations
  • February 2018 Environmental Newsletter
    • U.S. Imposes Tariff on Solar Equipment Imports
    • Analyzing Contribution Claims under § 113(f) of CERCLA—Moving Beyond the Gore Factors
    • EPA Preliminarily Concludes That Glyphosate is Not Likely to be Carcinogenic to Humans
  • April 2018 Environmental Newsletter
    • The Brownfields Utilization, Investment, and Local Development Act of 2018: What’s changing for the Brownfields Program?
    • Indiana Reaffirms Common Law Common Enemy Doctrine
    • State Environmental Agencies Are Turning to Superfund to Address Vapor Intrusion Issues at Complex Sites
  • September 2017 Environmental Newsletter
    • States and Environmental Groups Sue to Prevent EPA Delay of RMP Rule
    • Greasing the Wheels of Environmental Remediation
    • 10th Circuit Holds United States Liable as “Owner” of Superfund Mining Site
    • The DC Circuit Hands Trump EPA an Early Defeat
  • May 2017 Environmental Newsletter
    • "TwoFer" Executive Order Challenged in Court
    • Trump’s March 28 Executive Order Rescinds Energy Rules and Guidance and Forces Agency Self-Evaluation
    • EPA Reviewing Obama-Era Power Plant Effluent Rule - Environmental Groups Sue
    • EPA Has Much to Reconsider on Power Plant Emissions
    • EPA Denies Petition to Revoke Tolerances and Cancel all Registrations
  • March 2017 Environmental Newsletter
    • DuPont Settlement Announced for C-8 Personal Injury Litigation
    • Delaware Company to Pay $3.5 Million for Environmental Crimes
    • President Trump's Executive Order Regarding Waters of the United States and his Deference to Justice Antonin Scalia: Does it Even Matter?
    • EPA Proposes to Remove Gasoline Volatility Restrictions for Cincinnati and Dayton Areas
  • January 2017 Environmental Newsletter
    • EPA Announces Final Ecological Effects Test Guidelines (Series 850) Under TSCA, FIFRA and FFDCA
    • Hazardous Waste Generator Improvements Rule - What changed?
    • U.S. EPA Adds Vapor Intrusion to the Superfund Hazard Ranking System, But Will It Last?
    • EPA Removes 72 Pesticide Inert Ingredients from its Approved List
    • $115,000 in Restitution and Guilty Plea to Resolve Asbestos Charges
    • $900,000 Penalty and Felony Guilty Plea to Resolve Wastewater Dumping Charges
  • October 2016 Taft Environmental Newsletter
    • Government's War-Time Closure of Gold Mine Insufficient to Establish "Operator" Liability Under CERCLA
    • Who Pays When the Other Party Delays? "Loss of Use" Damages and the Recent Michigan Decision Newell Brands, Inc. v. Kirsch Lofts, LLC
    • Who Will Pay to Clean Up Indiana's Polluted Deep Aquifers?
    • EPA Region 7 Reaches $112,684 Settlement with Albaugh, LLC for Alleged FIFRA Violations
  • August 2016 Environmental Newsletter
    • Deveau and Gardner Successfully Represent Client in Insurance Coverage Dispute
    • EPA Issues New Draft Guidance on Managing Pesticide Resistance
    • Is Groundwater a "Water of the US"? Recent Sierra Club v. Dominion Power Lawsuit Could Open the Flood Gates for Clean Water Act Citizen Suits
    • 8th Circuit Reverses Class Certification in Superfund Environmental Contamination Case
    • EPA Committed to Preserving Formaldehyde Focus
    • Indiana Court of Appeals Clarifies Limits on Claims Brought under Two Environmental Statutes
  • June 2016 Environmental Newsletter
    • EPA Issues New Proposed Changes to NPDES Regulations
    • Landowners Win Big in the U.S. Supreme Court: Clean Water Act Jurisdictional Determinations Subject to Judicial Review
    • Federal Court Rules Insurers Have Duty to Defend Lawsuit Arising Out of Environmental Contamination Under Business Auto Policies
    • EPA Proposes to Remove the CERCLA and RCRA Exemptions from Site Remediation NESHAP
    • Sixth Circuit Limits Contractual Recovery of FIFRA "Data Compensation" Costs
  • April 2016 Environmental Newsletter
    • Asbestos Claims and the Indiana Supreme Court: A Tale of Little Repose
    • The Gutting of Clean Ohio Brownfields Grants
    • IDEM Oversight Can Establish Compliance With NCP