The Third Circuit has affirmed the dismissal of a Clean Water Act (CWA) citizen suit because the plaintiff failed to provide the defendants with adequate notice of the basis of the claim. Adequate notice is a procedural hurdle to citizen suit actions intended to provide defendants with an opportunity to correct CWA violations prior to
EPA Proposes Designation of PFOA and PFOS as Hazardous Substances under CERCLA
On September 6, 2022, the United States Environmental Protection Agency (EPA) published in the Federal Register its proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.” Comments to EPA’s rule proposal must be
New NHTSA Rule Addresses Rear Impact Protection
The National Highway Traffic Safety Administration intends to implement additional requirements that auto safety groups argue do not go far enough.
By Arthur F. Foerster and De Vann S. Sago
On July 15, 2022, the National Highway Traffic Safety Administration (NHTSA) issued a Final Rule effective January 2023 that requires additional protection in rear underride
Agricultural Law Weekly Review—Week Ending September 2, 2022
Agricultural Data: USDA Announces 2022 Census of Agriculture Details
On August 29, 2022, the U.S. Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS) announced that the agency will soon be mailing and accepting questionnaires for the 2022 Census of Agriculture. The Census of Agriculture includes all sizes of urban and rural farm operations
Shale Law Weekly Review—Week of September 5, 2022
Oil and Gas Regulations: Interior Department Grants $560 Million for Well Plugging
On August 25, 2022, the U.S. Department of the Interior announced it had issued an initial $560 million to 24 states to plug and remediate abandoned oil and gas wells. Funding will also allow for research, equipment, inspections, and data collection to better
EPA Proposes Designating PFAS as Hazardous
PFAS is no doubt a developing environmental catastrophe but this rule is yeeting the matter without regard that this solution may do more harm than good
State Enforcement Against the Federal Government, Part 2
Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of PFAS-containing wastewater to groundwater without a permit. NMED
Louisiana 811: A Summary of Louisiana’s Dig Law
We’ve all seen the commercials: “Call before you dig.” But how does calling 811 before you dig help, and what’s required for underground facility owners and contractors performing excavation work? Continue reading for a brief summary of the Louisiana Underground Utilities and Facilities Damage Prevention Law (La. R.S. 40:1749.11, et seq.) (“Dig Law”).
The stated
Game Changer- U.S. EPA Proposes to List PFOS and PFOA as “Hazardous Substances” Under CERCLA
The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. The reason it is a game changer is that it will greatly simplify the evidence needed to support cleanup claims at any site where PFOS or PFOS contamination exists.
Agricultural Law Weekly Review—Week Ending August 26, 2022
Organic Agriculture: USDA Announces $300 Million for New Organic Transition Initiative
On August 22, 2022, the U.S. Department of Agriculture (USDA) announced $300 million for a new Organic Transition Initiative to provide mentoring, direct assistance, and supply chain support for farmers transitioning to organic production. As a prerequisite to organic certification, lands generating organic-certified crops