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89 FR 29365

United States v. PPG Industries, Inc., No. 2:24-04771 (D.N.J. Apr. 11, 2024). Under a proposed consent decree concerning the Riverside Industrial Park Superfund Site in Newark, New Jersey, a settling CERCLA defendant must design and implement the components of the remedy selected for the site in EPA's September 28, 2021, record of decision that relate to waste material, sewer water, soil gas, and soil/fill material; perform groundwater monitoring and implement institutional controls; reimburse the United States $2,883,120 and New Jersey $116,880 for past response costs relating to the site; and pay for future response costs to be incurred.

89 FR 26931

United States v. PPG Industries, Inc., No. 2:24-04771 (D.N.J. Apr. 11, 2024). Under a proposed consent decree, a settling CERCLA defendant must design and implement the components of the remedy selected for the Riverside Industrial Park Superfund Site in Newark, New Jersey, that relate to waste material, sewer water, soil gas, and soil/fill material; pay a total of $3,000,000 for past response costs; and pay for future response costs.

89 FR 25261

EPA entered into a proposed administrative settlement agreement under CERCLA for past response costs associated with the Chemical Recycling Inc., Superfund Site in Wylie, Texas. 

89 FR 24505

United States v. Abex Aerospace, No. 2:16-cv-02696 (C.D. Cal. Mar. 29, 2024). Under a third amendment to a proposed consent decree, additional settling CERCLA defendants must pay $20,500,000 toward cleanup of environmental contamination at the Omega Chemical Corporation Superfund Site in Los Angeles County, California. 

89 FR 24506

United States v. Intercontinental Terminals Co., LLC., No. 4:24-cv-01207 (S.D. Tex. Apr. 2, 2024). Under a proposed consent decree, a settling CERCLA defendant must pay $6,645,000 to restore, replace, rehabilitate, or acquire the equivalent of those resources injured by the releases of hundreds of thousands of barrels of a mixture of petrochemical products and firefighting foam and water into the environment as a result of a fire that ignited at a terminal facility in Deer Park, Harris County, Texas. 

89 FR 24037

United States v. Kyocera AVX Components Corp., No. 1:24-cv-305 (W.D.N.Y.  Apr. 1, 2024). Under a proposed consent decree, a settling CERCLA defendant must perform remedial action at the Olean Wellfield Superfund Site in the City of Olean, the Town of Olean, and the Town of Portville, New York, and reimburse EPA for its past and future costs regarding the remedial action.

Climate Justice Litigation in the United States—A Primer

Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue.

The Promise and Peril of State Corporate Climate Disclosure Laws

On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.

89 FR 21519

EPA entered into a proposed administrative settlement agreement for remedial investigation addendum/focused feasibility study under CERCLA associated with the Smeltertown site near Salida, Colorado. 

89 FR 19952

EPA proposed to revise regulations that allow for the open burning and detonation (OB/OD) of waste explosives by reducing OB/OD of waste explosives and increasing control of air emissions.