Searching Content indexed under Environmental Law by Blank Rome LLP ordered by Published Date Descending.
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Second Circuit: EPA Acted "Arbitrarily And Capriciously" Regarding Ballast Water In The VGP
On October 5, 2015, the U.S. Court of Appeals for the Second Circuit unanimously ruled that the EPA acted arbitrarily and capriciously in drafting the ballast water discharge provisions of its 2013 VGP.
United States
26 Oct 2015
New Jersey Supreme Court Rejects Broad Expansion Of Private Nuisance And Trespass
The facts in Ross are fairly straightforward. Susan Ellman (Ellman) owned residential property in Red Bank, New Jersey that contained a UST storing home heating oil.
United States
13 Aug 2015
Environmental Litigation, Compliance And Transactional Costs To Increase As A Result Of EPA's New Vapor Intrusion Guidance
Vapor intrusion has been a primary concern of state and federal environmental agencies for the past decade...
United States
23 Jun 2015
PRP In CERCLA Enforcement Action Saves Millions Of Dollars With Successful Divisibility Defense
In a victory for potentially responsible parties ("PRPs") at multiparty contamination sites, a federal district court in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015)...
United States
26 May 2015
NJ Townships Possess Broad Zoning Powers To Preserve Environmentally Sensitive Land
The plaintiffs, the Griepenburgs, have owned 34 acres of land in the Township since 1985. See id. at 1086-87. Their home is on a two-acre lot, while the balance of their 32 acres consists of undeveloped woodlands.
United States
21 Apr 2015
Case Settled! New Jersey Supreme Court Says No Time Limits To Spill Act Contribution Claims
Defendants can no longer assert a statute of limitations defense to claims of contribution under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq.
United States
6 Feb 2015
EPA Promulgates Robust Emission Control Area Enforcement Policy
Violators of Emission Control Area requirements face hefty penalties under the Environmental Protection Agencyís new penalty policy.
United States
3 Feb 2015
Trial Judge Concludes The Deepwater Horizon Spill Caused By BPís Gross Negligence And Willful Misconduct
The federal district judge overseeing the multidistrict litigation resulting from the Deepwater Horizon oil spill issued long-awaited rulings as to liability.
United States
14 Sep 2014
Federal Court Determines Low Levels Of Carcinogens PCE And TCE Insufficient To Establish Private RCRA Cause Of Action Absent Expert Testimony
The District of New Jersey held that a plaintiff cannot sustain a private cause of action under the Resource Conservation & Recovery Act absent sufficient evidence.
United States
28 Aug 2014
New Jersey Supreme Court Allows Early Contribution Claims Under The Spill Act
Parties sued by the New Jersey Department of Environmental Protection ("DEP") for remediation now have an immediate right to seek contribution from other potentially responsible parties.
United States
8 Aug 2014
The Evolving Ballast Water Conundrum
The EPA issued long-awaited guidance regarding the coordination and interplay between the compliance date extensions and the EPAís approach to the them.
United States
21 Mar 2014
On The Heels Of Caronia: New York Appellate Court Rejects Medical Monitoring Costs Based On Mere Inhalation Of Toxic Substance
The Third Department in Ivory v. IBM, No. 516276, ruled on February 20, 2014 that plaintiffs exposed to toxic substances may recover medical monitoring.
United States
28 Feb 2014
As The Ice Melts, The White House And Coast Guard Turn Their Attention To The Arctic
Administration officials have begun to engage in sufficient consultations before promulgating an implementation plan to accompany the White Houseís "National Strategy for the Arctic Region" (the "Strategy") as a result of their acknowledged failure to engage in such consultations before the release of the Strategy this year.
United States
15 Oct 2013
The $750,000,000 Missing Comma?
In April 2010, the mobile offshore drilling unit ("MODU") Deepwater Horizon suffered an explosion and catastrophic fire that led to the rigís sinking, the loss of eleven lives, and the largest oil spill disaster in U.S. history.
United States
15 Oct 2013
EPA "All Appropriate Inquiries" Process Revised; Vapor Intrusion Placed Front And Center
The new ASTM E1527-13 standard likely will expand the scope of, and drive up the costs associated with, property cleanups as well as due diligence activities conducted in connection with real estate purchases and transactions if a party opts to conduct a Phase I environmental site assessment pursuant to that standard.
United States
23 Aug 2013
Third Circuit Holds Federal Courts Have Exclusive Jurisdiction Over RCRA Claims
Faced with an issue of first impression in the Circuit, the Court of Appeals for the Third Circuit in "Litgo New Jersey Inc. v. Commír New Jersey Depít of Envtl. Prot.", has joined the majority of other Federal Courts in concluding that Federal District Courts in the District where a contaminated site is located have exclusive jurisdiction over claims under the Resource Conservation and Recovery Act.
United States
14 Aug 2013
New Jerseyís Appellate Division Upholds NJDEPís Waiver Rule, Providing Greater Flexibility To NJDEP And The Regulated Community
On March 21, 2013, the Appellate Division of the New Jersey Superior Court in "In Re N.J.A.C. 7:1B-1.1, et seq." provided the New Jersey Department of Environmental Protection and the regulated community with a major victory.
United States
9 Apr 2013
EPA Proposes Draft Technical Guidance For Determining Quantities Of PCBS In Vessels Subject To Maradís Foreign Transfer Requirements
The Environmental Protection Agency is seeking comments on draft guidance intended to assist shipowners in assessing the levels of polychlorinated biphenyls present on their U.S.-flag vessels when seeking the Maritime Administrationís approval for the reflagging of those vessels for continued use or their sale for scrapping abroad.
United States
14 Feb 2013
EPA Determines PCE Is A Likely Human Carcinogen; More Stringent Review Of PCE-Contaminated Sites Likely To Result
In February, 2012, the EPA issued a revised risk assessment for tetrachloroethylene, more commonly known as PERCHLOROETHYLENE or PCE.
United States
31 Dec 2012
NJDEP'S Burden Of Proof Raised In Establishing Spill Act Liability
On September, 26, 2012, in perhaps the most significant New Jersey environmental decision in the last 30 years.
United States
13 Nov 2012
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