88 FR 71761
EPA denied a petition from American Forest and Paper Association requesting amendments to the Non-Hazardous Secondary Materials regulations under RCRA.
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88 FR 71378
United States v. Dravo Corp., No. 8:01-cv-00500-JFB-TBT (D. Neb. Oct. 10, 2023). Under a proposed consent decree, a settling CERCLA defendant must pay $131,067 for response costs incurred and to be incurred by EPA at the Hastings Groundwater Contamination Superfund site.
88 FR 69959
United States v. Smith and Edwards Co., No. 1:23-cv-00108-HCN (D. Utah Sept. 29, 2023). Under a proposed consent decree, settling CERCLA defendants will pay $2,290,065 and $300,000 to reimburse EPA’s response costs in connection with an emergency removal action at the Ogden Swift Building Superfund site in Ogden, Utah, and settling federal agencies will pay $2,290,065 to resolve a potential counterclaim against the United States.
88 FR 69673
United States v. Stepan Co., No. 2:23-cv-20769-KM-JRA (D.N.J. Sept. 29, 2023). Under a proposed consent decree, a settling CERCLA defendant must perform response actions to address chemically contaminated soils at the Maywood Chemical Company Superfund site, pay future oversight costs, and pay $362,853.28 to the United States and $15,593.62 to New Jersey Department of Environmental Protection for past costs.
88 FR 68672
United States v. Shell Oil. Co., No. 83-cv-2379 (D. Colo. Sept. 28, 2023). A proposed amendment to a consent decree changes the manner in which a settling CERCLA defendant will pay oversight costs for Army-led environmental cleanup activities at the Rocky Mountain Arsenal, and fully resolves those costs.
88 FR 68149
United States v. CR-Troy, Inc., No. 2:23-cv-463 (S.D. Ind. Sept. 26, 2023). Under a proposed consent decree, settling CERCLA defendants must pay $3,650,000 in response costs and perform remedial measures at the Elm Street Groundwater Contamination Site in Terre Haute, Indiana.
NEPA Litigation Over Large Energy and Transport Infrastructure Projects
Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.
Extracting Environmental Harm From Deep Seabed Mining
The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.
88 FR 66000
EPA entered into a proposed administrative settlement agreement under CERCLA with Sugar Pine Hotel, Inc., for the recovery of $44,192 plus interest in past response costs incurred at the Klamath Falls Motel Mercury Spill Response site.
88 FR 65621
EPA granted authorization to the state of Wyoming for the changes to its hazardous waste management program under RCRA.