Archives: Environmental

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One Trillion Trees

The One Trillion Trees Initiative was launched at the World Economic Forum last month. When President Trump announced that the United States would join the tree planting initiative on January 21 in Davos among more than 3,000 world government, business, and NGO leaders, more than half of whom joined the commitment, it garnered little reaction … Continue Reading

Migratory Bird Treaty Act Will Apply Only to Intentional Takes

Last week, the U.S. Fish and Wildlife Service proposed a rule clarifying that the scope of the Migratory Bird Treaty Act only extends to conduct intentionally injuring birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds is not prohibited under the act. As I described in a 2017 blog post, … Continue Reading

Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

The hottest environmental topic for business in 2020, as a result of an amendment to the Superfund law for the first time making clear that tenants can qualify as bona fide prospective purchasers, protected from cleanup costs from the presence of hazardous substances on a property, is prospective tenants are now ordering Phase l Environmental … Continue Reading

Top 10 Environmental Blog Posts for the Roaring ‘20s

As we begin the new decade of the Roaring ‘20s we are incredibly excited about the prospects for environmental law. We are supremely confident that our business philosophy of “environmental risk as an opportunity” remains right for the times. This blog will continue in 2020 providing strategic intelligence on environmental law, including critical insights into … Continue Reading

PFOA Contamination is Found in 49 States

Two weeks ago, New York Attorney General Letitia James commenced a civil suit against the nation’s largest chemical manufacturers and several firefighting foam makers for what the complaint alleges is contamination of water supplies across the state with PFOAs, averring strict liability for public nuisance, strict products liability for defective products, strict products liability for … Continue Reading

An HREC is Not a REC in a Phase I Environmental Site Assessment

I review a large number of Phase I environmental site assessments, and year in, year out, the largest number of questions I field are about Historical Recognized Environmental Conditions. The environmental professionals who perform those assessment generally do not take heed of Eduardo Galeano’s quote, “History never really says goodbye. History says, ‘see you later.’” … Continue Reading

FTC Finds Truly Organic is Not

By way of a federal court order that became final last month, Truly Organic Inc. and its founder will pay $1.76 million to settle a Federal Trade Commission greenwashing complaint alleging that their nationally marketed bath and beauty products are neither “certified organic” nor “vegan” as falsely claimed. According to the FTC’s complaint, in this … Continue Reading

ESG Disclosure Simplification Act Passes Committee But Will Fail

On September 20, 2019, the Financial Services Committee in the U.S. House of Representatives passed H.R. 4329, the ESG Disclosure Simplification Act of 2019. The bill would require all public companies to disclose “environmental, social, and governance [ESG] metrics” as material information about the company. Although there is little if any chance that the bill … Continue Reading

LEED Offers Companies a Response to Declining Bird Populations

Condor in the Cordillera Huaywuash, Peru
In response to a much publicized new study on North American bird populations that appeared in the journal Science last month, we received a significant number of inquiries from businesses about what an appropriate response might be from a responsible company? The study found “cumulative loss of nearly three billion birds since 1970, across most … Continue Reading

Cannabis Manufacturer Charged with RCRA but No CDS Violations

In a criminal case that says significantly more about the prosecution than the indictment on its face, the Federal government is prosecuting a leading cannabis industry manufacturer and distributor for criminal transportation of hazardous waste. The Resource Conservation and Recovery Act (“RCRA”) was enacted in 1976 to ensure that all hazardous waste generated in the … Continue Reading

EPA Cancels Pesticide Registrations to Save the Bees

In a rare move, the EPA issued product cancellation orders for certain pesticides effective May 20, 2019. The pesticides contain neonicotinoids that, despite their widespread use have become controversial when laboratory studies reported a link between neonicotinoids and declining bee populations, although a link has not been replicated in field studies. Neonicotinoids are compounds in … Continue Reading

Recycled Restaurant Waste Cooking Oil Can Trigger Insurance Pollution Exclusion

In a case having broad implications given the wide mandatory recycling of restaurant waste cooking oil across the country, in a decision filed on April 29, 2019, a federal appeals court held that contaminated recycled fat could trigger the “pollution exclusion” in an insurance policy. In Restaurant Recycling, LLC v. Employer Mutual Casualty Company, Restaurant … Continue Reading
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