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89 FR 47988
United States v. Union Carbide Corp., No. 1:24-cv-01463 (D. Colo. May 23, 2024). Under a proposed consent decree, settling CERCLA defendants must pay $600,000 to reimburse response costs incurred at the Uravan Uranium Project Superfund Site in Montrose County, Colorado, and to comply with institutional controls and other requirements for property owned within the site.
New York, City of v. Exxon Mobil Corp.
A district court granted New York City's motion to remand to state court a climate deception lawsuit brought against fossil fuel companies. The city initially sued the companies in state court, arguing they violated the city's consumer protection law by misleading consumers about the impact of their...
G.B. v. United States Environmental Protection Agency
A district court granted EPA's motion to dismiss for lack of redressability a climate liability lawsuit brought by a group of minors in California. The plaintiffs argued EPA violated their constitutional rights by intentionally allowing dangerous levels of pollution to enter the atmosphere from sour...
Texas v. Securities and Exchange Commission
The Fifth Circuit dismissed for lack of standing four states' challenge to the Securities and Exchange Commission's final rule requiring funds to disclose their votes on environmental, social, and governance matters. Texas, Louisiana, Utah, and West Virginia argued they had suffered injury as invest...
The Coastal Property Insurance Crisis
More severe storms and rising sea levels pose a threat to U.S. coastal communities, including millions of homes and businesses. Insured damages to coastal property are steadily increasing, insurance premiums are increasing, and private insurance companies have stopped serving some coastal states. Taken together, the consequences of declining availability and increasing costs constitute a coastal property insurance crisis.
89 FR 46908
United States v. Norfolk Southern Railway Co., No. 4:23-cv-00517 (N.D. Ohio May 23, 2024). In connection with the February 3, 2023, train derailment in East Palestine, Ohio, a proposed consent decree requires a settling CWA and CERCLA defendant to (1) reimburse all response costs incurred by the United States; (2) pay a civil penalty of $15 million; (3) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (4) implement an array of specified rail safety procedures; (5) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (6) implement a $6 million local waterways remediation plan; (7) pay $175,000 for natural resource damages; and (8) implement compliance and future monitoring requirements.
89 FR 45806
The Pipeline and Hazardous Materials Safety Administration proposed overdue updates to the registration fees under the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials.