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A federal judge has ruled on a constitutional challenge to Oregon's Extended Producer Responsibility program for plastics and packaging, addressing claims under the Dormant Commerce Clause and Due Process Clause. The decision carries significant implications for similar EPR programs facing legal challenges in California, Colorado, and other states that have enacted comprehensive producer responsibility legislation.

The Boston Municipal Research Bureau, which provides impartial research and policy analysis for the benefit of the City of Boston...

As we kick off Earth Day 2024, we look to this year's Earth Day theme–"Planet versus Plastics." Planet versus Plastics seeks to focus attention on the challenges...

In 2011, the North Carolina General Assembly enacted the following statute allowing payment of attorney fees in the face of certain local government acts:

On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law,

Three environmental groups have filed a lawsuit challenging California’s SB 54 plastic regulations, arguing that some sections do not meet the law’s requirements and contain loopholes that could undermine...

As required by a 2014 state statute, the New York State Department of Environmental Conservation (DEC) has issued official sea level rise projections effective February 22.

Last week, the US Court of Appeals for the Ninth Circuit ruled that the Clean Water Act (CWA) does not require that pollutants be discharged directly from a point source into navigable waters for liability to attach.

On November 12, 2024, the Biden administration announced a final rule to reduce methane emissions from high-emitting oil and gas producers.

On June 27, 2012, Pennsylvania Governor Tom Corbett signed into law Senate Bill 375, which had been approved by a vote of 47-0 in the Senate on June 13 and by a vote of 196-0 in the House on June 19.

Typically, final remediation documents (no-further-action letters, response action outcomes, and the like) signal the end of remediation at a contaminated site.

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...

On May 22, 2013, a bipartisan group of U.S. Senators (including Sen. David Vitter (R-La.) and the recently deceased Sen. Frank Lautenberg (D-N.J.)) introduced the "Chemical Safety Improvement Act of 2013".

On November 3, 2023, the United States Forest Service announced a proposed amendment to its special use regulations at 36 C.F.R. part 251...

The state legislature recently amended one of the most onerous environmental laws on the books for owners of manufacturing businesses and facilities in Connecticut: the Transfer Act

On Monday, June 22, seventeen states and the National Association of Wholesaler-Distributors sued California’s recycling and waste management agency (CalRecycle) and Circular Action Alliance...

The Sixth Circuit has now made crystalline that a party settling some or all of its liability under CERCLA with the United States or a state has a contribution claim under Section 113.

The specter of environmental harm used to frighten courts and spawned a generation of decisions extending Superfund liability to virtually any party with a nexus to a site that was contaminated.