88 FR 46155
EPA announced a proposed administrative settlement agreement under CERCLA and RCRA concerning the Delphi 1 Anderson Site in Anderson, Indiana.
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88 FR 45448
United States v. J.R. Simplot Co., No. 1:23-cv-322 (D. Wyo. July 11, 2023). A settling RCRA, CAA, CERCLA, and EPCRA defendant must pay a $1.5 million civil penalty; implement compliance projects at its phosphoric acid and fertilizer manufacturing plant located near Pocatello, Idaho, known as the Don Plant; comply with specified requirements for management of wastes or other materials at the facility and in the facility’s phosphogypsum stack system; comply with specified requirements for the eventual closure and long-term care of the facility and provide financial assurance to cover the estimated cost of such obligations; continue groundwater and surface monitoring and reporting as required by a prior CERCLA consent decree; comply with specified operational practices for air emissions controls and replace the existing cooling towers with cooling pond(s) to reduce fluoride emissions into the air from the Don Plant; and revise the annual Toxic Chemical Release Inventory Reporting Forms it submitted under EPCRA for years 2004-2012 to include estimates of compounds that previously were not included.
88 FR 44405
United States v. Massachusetts Electric Co., No. 1:23- cv-11524 (D. Mass. July 7, 2023). A settling CERCLA defendant must provide $5.38 million to federal and state natural resources trustees to undertake habitat restoration work in the coastal area in the vicinity of the former Gloucester Gas Light Company Manufactured Gas Plant in Gloucester, Massachusetts, for damages relating to the release of hazardous substances to soils, sediments, groundwater, and surface water from the plant.
Judicial Remedies for Climate Disruption
This Article, adapted from the Climate Science and Law for Judges Curriculum, examines the status and viability of judicial remedies in climate change litigation. It focuses on climate cases that are seeking science-based remedies specifically related to climate mitigation (actions to reduce greenhouse gas emissions or draw down atmospheric carbon) and climate-change adaptation (actions to reduce the negative impacts of climate disruption on human and natural communities).
West Virginia, the Inflation Reduction Act, and the Future of Climate Policy
In June 2022, in West Virginia v. Environmental Protection Agency, the U.S. Supreme Court announced that on “major questions” the U.S. Congress must legislate with far more clarity and specificity than previously demanded. The Court held the U.S. Environmental Protection Agency (EPA) may regulate power plant carbon emissions in traditional ways, but the novel approach taken in the Clean Power Plan required clearer authorization than Congress had provided. Six weeks later, Congress enacted the Inflation Reduction Act (IRA).
88 FR 41397
EPA entered into a proposed cost recovery settlement agreement under CERCLA concerning the Marko Engraving & Art Corp. site in Fairview, New Jersey.
88 FR 41262
FERC directed the North American Electric Reliability Corporation to develop a new or modified reliability standard to address reliability concerns pertaining to transmission system planning for extreme heat and cold weather events that impact the reliable operation of the bulk-power system.
88 FR 40821
EPA announced a proposed administrative settlement agreement under a proposed prospective purchaser agreement pursuant to CERCLA and RCRA concerning the Buick City site in Flint, Michigan.
88 FR 38542
United States v. Great Lakes Synergy Corp., No. 3:23-cv-01934 (S.D. Ohio June 6, 2023). A settling CERCLA defendant that released and threatened releases of hazardous substances at Area 7 of the Additional and Uncharacterized Sites Operable Unit of the Crab Orchard National Wildlife Refuge NPL Site near Marion, Illinois, must perform removal actions to clean up the area, reimburse future response costs incurred by the United States, and reimburse $830,890 in past response costs incurred by the United States.
88 FR 37906
United States v. New York, City of, No. 1:23-CV-4129 (E.D.N.Y. June 5, 2023). A settling CERCLA defendant must pay $1.6 million for past costs incurred by EPA and fund and perform remedial work, including the removal of soil and sediments exhibiting levels exceeding the remediation goals in the impacted sewers and beneath the roadway and sidewalks, at the Wolff-Alport Chemical Company Superfund site in Ridgewood, New York.