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Waste

Single-Use Plastics and the Pandemic

The COVID-19 pandemic is testing the balance between sustainability and human safety on a global scale. After more than six years of momentum for banning a variety of single-use plastic types, the pandemic brought many of these...

The Supreme Court Opens a Door in ARCO v. Christian, Part Two

In its Atlantic Richfield Co. v. Christian opinion, the U.S. Supreme Court addressed the timing of judicial review in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as well as landowners’...

The Supreme Court Opens a Door in Arco v. Christian, Part One

In its Atlantic Richfield Co. v. Christian opinion, the U.S. Supreme Court addressed the timing of judicial review in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as well as landowners’...

Patching a Persistent Problem: PFAS and RCRA’s Citizen Suit Provision

Per- and polyfluoroalkyl substances (PFAS) are a toxic, environmentally persistent class of chemicals that have been used widely in consumer products. Despite growing evidence of adverse health effects associated with PFAS exposure, the...

United States v. Sterling Centrecorp Inc.

The Ninth Circuit affirmed a lower court ruling in a lawsuit concerning the U.S. government's and California's recovery of cleanup costs from a hazardous waste spill in the Sierra Nevada foothills that released toxic amounts of arsenic...

United States v. United Park City Mines Co.

The Tenth Circuit upheld a lower court ruling ordering mining and finance companies to comply with EPA's requests for information related to cleanup of a contaminated site in Utah. The companies argued that EPA exceeded its authority...

New Jersey Department of Environmental Protection v. American Thermoplastics Corp.

The Third Circuit held that a PRP's settlement with New Jersey resolving its state-law liability in connection with contamination at a municipal landfill did not protect the party from lawsuits seeking contribution toward expenditures...

Failure to Notify: Exploring Charging and Sentencing Patterns in Superfund Criminal Prosecutions

This Comment explores charging and sentencing patterns in federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) prosecutions, and charts the evolution of how CERCLA has been used by U.S. Environmental...

White Plains Housing Authority v. BP Products North America Inc.

A district court held that an oil company was liable for a plume of gasoline beneath a former gasoline station that was migrating toward nearby housing units in White Plains, New York. A housing authority brought claims under RCRA,...

Poly-Pak Industries, Inc. v. New York

A New York court upheld a state law banning certain entities from distributing single-use plastic bags. A plastic bag manufacturer and convenience store owners argued the law was unconstitutionally vague and conflicted with existing law...

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