Environmental Law Portal

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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 138 posts in Environmental Litigation. View our practice description for Environmental Litigation.

Executive Order Charts New Path For Offshore Energy Development

On April 28, 2017, the Trump administration issued an Executive Order entitled “Implementing an America-First Offshore Energy Strategy.”  This EO calls for expanded oil and gas leasing in areas of the U.S. Outer Continental Shelf (OCS) that were recently placed off-limits to energy development, and instructs several federal agencies to reevaluate and possibly reverse recent regulations imposed on the offshore oil and gas industry.  If fully implemented, the EO would clear the way for expanded and expedited development of OCS energy resources.   Read More ›

Lost Insurance Policy? Pursuing Coverage for Long-Tail Environmental Liability Still Feasible

Companies facing environmental cleanup liability typically confront claims that are brought multiple decades after the alleged polluting activity took place. This passage of time often results in the loss or disappearance of crucial historic documents, including insurance policies, necessary to respond to the claims.  Historic general liability insurance policies issued before pollution exclusions became commonplace in the 1970s are of particular value in protecting a company from exposure to “long-tail” environmental liability.  Finding these policies, or evidence of their existence, therefore is a must.  A recent New Jersey federal court decision serves as a helpful reminder that when the actual policies cannot be located, even limited documentary evidence of their existence, when buttressed by the expert testimony of a credentialed insurance archaeologist, may be sufficient to prove the coverage and facilitate recovery. Read More ›

Interior Secretary Immediately Implements President’s Executive Order on Energy and Climate

New Secretary of the Interior Ryan Zinke wasted no time implementing the mandates of the Trump Administration’s most recent Executive Order (EO), “Promoting Energy Independence and Economic Growth,” which was issued on March 28.  For a summary of that EO, click here.  On March 29, the Secretary issued two Secretarial Orders (SO) implementing the March 28 Order, and took additional administrative action consistent with its mandates.  Separately, the Secretary has reinstated a public-private advisory committee to address royalty issues. Read More ›

Introducing Our California Environmental Tracker

The San Francisco Office of Beveridge & Diamond, P.C. is pleased to announce a new series of articles dedicated to developments in California environmental law. California has long been a driver of environmental policy, often setting demanding regulatory standards and leveraging its mammoth market share to compel national compliance. Read More ›

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Emission Standards for Composite Wood Products (the Standards).  The final rule adopting the standards was signed on July 27, 2016 and finally published in the Federal Register on December 12, 2016.[1]  The Standards implement Title VI of the Toxic Substances Control Act (TSCA).  They are based on the formaldehyde emission limits of the Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products (ATCM) of the California Air Resources Board (CARB).  The Standards differ from the ATCM in several ways, but compliance with the ATCM will help substantially as companies work to meet their obligations under the Standards.  The key compliance deadline for the Standards is December 12, 2017. Read More ›

EPA’s Cooperative Federalism Approach to Nutrients in the Mississippi River and Gulf of Mexico Prevails in Fifth Circuit Remand

In a critical decision preserving state authority in water quality management, a U.S. District Court has ruled that EPA has broad discretion to not establish federal numeric nutrient water quality standards because the Clean Water Act (CWA) vests primary responsibility for this function in the states.  The decision in Gulf Restoration Network v. Jackson rebuffed efforts by a major coalition of environmental groups to compel EPA to take control of nutrient management criteria for a significant part of the country’s water.  Beveridge & Diamond principal Karen Hansen represented the National Association of Clean Water Agencies (NACWA) as an intervenor supporting EPA in the case, which has been litigated in the district court and the court of appeals since 2012. Read More ›

Beveridge & Diamond Secures Trial Win for City of Los Angeles, Striking Down Biosolids Ban on Two Constitutional Grounds

Following a two week bench trial prosecuted by Beveridge & Diamond Principals Jimmy Slaughter and Jamie Auslander and California based counsel Michael Lampe, the Tulare County, California Superior Court has struck down a voter initiative passed in 2006 in Kern County that banned the land application of biosolids (treated municipal wastewater sludge) to farmland in Kern County. Judge Lloyd Hicks wrote in a 48 page opinion that that Measure E “is invalid and void for all purposes, for the dual reasons that it exceeds Kern’s police power authority and is preempted by state law.” City of Los Angeles v. Kern County, 2016 WL 7175653, 2016 Cal Super Lexis 9727 (Tulare Co. Super. Ct. Nov. 28, 2016).  The case is believed to be the first trial focused on the benefits and safety of recycling biosolids to farmland, a practice used by many of America’s largest cities for decades.  Read More ›

Stormwater Forecast: Prepare for More Aggressive Benchmark Monitoring and Corrective Action Requirements under the Next Proposed MSGP

EPA is expected to propose a revised system of benchmark monitoring and corrective action requirements to replace those of the current 2015 Multi-Sector General Permit for Stormwater Associated with Industrial Activities (“MSGP”).  EPA has just entered into a settlement agreement with environmental groups that challenged EPA’s issuance of the 2015 MSGP, under which EPA has agreed to propose a number of new conditions for incorporation into the next version of the permit. The settlement agreement has no effect on the terms and conditions of the current 2015 MSGP, which remains in place until June 2020, however, facilities subject to benchmark monitoring should take note of the changes expected to be proposed, particularly for those facilities consistently facing benchmark exceedances.  Under the current permit, benchmark exceedances do not on their own result in non-compliance, but can trigger the need for enhanced stormwater management practices. Read More ›

New York Extends Statute of Limitations for Personal Injury Damages Caused by Contamination from Superfund Sites

On July 21, 2016, New York Governor Cuomo signed into law New York State Assembly Bill No. A09568, which amends the statute of limitations for filing actions to recover damages for
personal injury caused by contamination from Superfund sites.  The legislation is a result of public concern about the discovery of water contamination in Hoosick Falls, New York, and  Flint, Michigan. Read More ›

Eric Klein Quoted on Use of Freedom of Information Act to Challenge EPA in Bloomberg BNA

Eric Klein, a Principal and litigator in Beveridge & Diamond's Washington, DC office, was quoted in a Bloomberg BNA Daily Environment Report article titled "Companies Turn to FOIA to Challenge EPA Cleanups." Read More ›