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Muddling Through: Clean Water Act Edition

Posted on March 1, 2011 by Seth Jaffe Previously, I discussed EPA’s efforts to “muddle through” on climate change in the absence of.... Read More

The National Environmental Policy Act: When Is A SEIS Just Not Enough?

Posted on February 25, 2011 by Thomas M. Hnasko The Los Alamos Study Group (the “Study Group”) is presently challenging the.... Read More

Liability Under State Law After BNSF

Posted on February 23, 2011 by William Hyatt As we all know by now, in Burlington Northern and Sante Fe Railway.... Read More

GIVING PRPs THEIR DUE: GENERAL ELECTRIC’S DUE PROCESS CHALLENGE TO CERCLA UNILATERAL ADMINISTRATIVE ORDERS HEADS TO THE SUPREME COURT

Posted on February 1, 2011 by Donald Fowler Over the past three decades, EPA has issued more than 1,700 CERCLA UAOs.... Read More

Chemical Disclosure – or my secret name’s no secret any more

Posted on December 28, 2010 by Susan Cooke Since passage of the Federal Insecticide, Fungicide, and Rodenticide Act in 1972, environmental.... Read More

Should We Go Nuclear – Again?

Posted on November 29, 2010 by Rodney Brown, Jr. The US hasn’t licensed a new nuclear power plant in a quarter-century..... Read More

PCB-Containing Caulk: EPA Mixes Its Messages

Posted on September 22, 2010 by Ralph Child EPA has issued an Advanced Notice of Proposed Rulemaking that broadly re-opens the question whether.... Read More

You Want to Preclude a Citizens’ Suit? Pick Your Poison.

Posted on September 17, 2010 by Seth Jaffe When clients are threatened with citizen suits – and particularly when the threatened.... Read More

Product or Pollutant? You be the judge.

Posted on September 15, 2010 by Michael Rodburg The unending war–or so it seems sometimes–between policyholders and insurers regarding coverage for.... Read More

The Deck is Still Stacked in the Government’s Favor — Is This A Good Thing?

Posted on July 22, 2010 by Seth Jaffe Last week, in City of Pittsfield v. EPA, the First Circuit Court of Appeals.... Read More