Taking Environmental Markets to a New Frontier
The application of economic principles to environmental law decisions has come a long way. Today’s conflicts over cost-benefit analysis and the value of mitigation projects and trading markets are more...
View ArticleCore Functions and Cooperative Federalism: EPA’s Draft Strategic Plan
The US EPA released its draft strategic plan for 2018-2022 on October 5, 2017.[1] Not surprisingly, the draft plan differs greatly from the Obama EPA’s last strategic plan. The change in...
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Genuine Surprise: DC Circuit Overturns NPL Listing Decision
One of the first lessons that most Superfund practitioners learn is that it is no easy task to prevent EPA from placing a site on the National Priorities List. The NPL is the “list of national...
View Article“The State Doesn’t Care If It Works”: Why Voluntary Cleanup Programs Succeed...
Nobody wants to live near a designated “Superfund” site. Aside from potential exposure to hazardous chemicals, the stigma associated with proximity to a Superfund site leads to loss of property value....
View ArticleA Green Afterlife for EV Li-ion Batteries
Going green has gone mainstream. Perhaps nowhere is this more pronounced than in the automotive industry. J.P. Morgan estimates that, by 2030, electric vehicles (EVs) and hybrids will make up 59...
View ArticleEPA Cleanup Site Guidance Recognizes COVID-19 Challenges for Response Activities
Today, April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued its anticipated interim guidance on impacts to operations at cleanup sites due to the COVID-19 pandemic. The guidance...
View ArticleSupreme Court Green Lights State Law Claims for Broader Cleanup at Superfund...
The U.S. Supreme Court ruled today in Atlantic Richfield Company v. Christian that private landowners at a Superfund site near Butte, Montana, can pursue state law claims in state court seeking...
View ArticleEnvironmental Justice Considerations in Business Transactions
Environmental justice (“EJ”) is a central focus of the Biden administration’s environmental agenda. On Day One in January, the administration emphasized the importance of EJ in the federal...
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