The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...
The Mine Safety and Health Administration amended its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a significant health hazard, and to improve respiratory protection for miners from exposure to airborne contaminants.
The National Highway Traffic Safety Administration proposed to establish two new federal motor vehicle safety standards specifying performance requirements for all motor vehicles that use hydrogen as a fuel source.
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.
A district court granted summary judgment for 21 states in a challenge to the Federal Highway Administration's (FHwA's) rule requiring each state to set declining targets for tailpipe carbon dioxide (CO2) emissions from vehicles on the National Highway System. The states argued requiring automobile ...
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.
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.
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.
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.
A district court granted summary judgment for the state of Texas in a challenge to the Federal Highway Administration's (FHwA's) 2023 rule requiring states to measure, report, and set declining targets for the amount of carbon dioxide emitted by vehicles using the interstate and national highway sys...