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Clean Water Act Update

USA - March 21 2017 On February 28, 2017, Donald Trump issued an Executive Order aimed at undoing the Obama Administration’s Rule, which had defined “Waters of the United...

Ashley A. Peck.


EPA Releases CERCLA 108(b) Proposed Rule for Hardrock Mining and Schedule for Decisions On Other Industries

USA - December 7 2016 On December 1, 2016, in response to a court order, EPA signed a proposed rule pursuant to section 108(b) of the Comprehensive Environmental Response...

M. Benjamin Machlis, Steven G. Barringer.


Recent Developments in Clean Water Act Litigation

USA - September 22 2016 This has been an active year so far for Clean Water Act (CWA) and associated Administrative Procedure Act (APA) litigation. Federal courts have...

Ashley A. Peck.


EPA Releases New Details On CERCLA 108(b) Rule For The Hardrock Mining IndustryForeshadows Rules For Other Industries

USA - May 26 2016 CERCLA section 108(b), enacted in 1980, requires EPA to identify certain classes of facilities that must establish evidence of financial...

M. Benjamin Machlis, Steven G. Barringer.


Establishing A Bona Fide Prospective Purchase Defense Under CERCLA

USA - April 20 2016 Liability under the CERCLA (Superfund) statute is harsh - under CERCLA's system of strict-liability and joint-and-several-liability, a property may...