Environmental Litigation and Regulation

As part of an ongoing investigation led by the Delaware Attorney General’s Office into the potential environmental impacts of legacy industrial activities in the state, Delaware has reached a $50 million settlement agreement with DuPont Co., Corteva, and the Chemours Co. for alleged damages resulting from these companies’ use of chemicals called PFAS.

Dubbed the

Originally published in the Ark-La-Tex Association of Professional Landmen Register

Carbon capture and storage (“CCS”) is the process of capturing carbon dioxide emissions from large point sources, and then transporting it to a storage location for deposit in underground formations where it will not re-enter the atmosphere.  By returning CO2 emissions that resulted from the

The Louisiana Legislature has directed the Department of Environmental Quality (“LDEQ”) to promulgate regulations allowing for “voluntary environmental self-audits.” [1]  The self-audit regulations are to include provisions protecting confidential information and providing incentives to facilities for conducting a self-audit.

Environmental self-audit programs are designed to allow a facility to identify compliance issues and address them

The case is Scalia [Secretary of Labor] v. Wynnewood Refining Co., LLC, et al, No. 19-9533 (U.S. Tenth Circuit, October 27, 2020). Wynnewood LLC’s refinery in Oklahoma processes crude oil and on a daily basis produces 70,000 barrels of gasoline, propane, propylene, butane, fuel oils, and solvents. In 2012, one of Wynnewood Refining Co’s boilers—the

Just a quick reminder that in 2007, the Louisiana State Police (“LSP”) adopted regulations requiring special reporting requirements for persons “engaged in the transportation of hazardous materials by railcars, vessels, or barges, or the temporary storage of hazardous materials in any storage vessel not permanently attached to the ground” if that activity is within “a

An active legislative area is carbon capture and storage (“CCS”), which could be an option for incentivizing Louisiana’s struggling energy economy.  On August 19, 2020, Governor Edwards issued two executive orders directed towards the ambitious commitment (or pledge) to cut greenhouse gas emissions 25-28% by 2025 and to planning measures in order that Louisiana would

On July 13, 2020, the EPA released its final rule updating and clarifying the substantive and procedural requirements for water quality certification under Clean Water Act (“CWA”) § 401.  This new rule represents the first revision to the applicable regulations since the CWA was enacted in 1971.  The new rule replaces the entirety of the

Under the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), most pesticides must be registered and are subject to product labeling requirements.  FIFRA defines a “pesticide” as “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.” 7 U.S.C. § 136(u).  A “pest” is defined in the statute to mean:

The Louisiana Department of Environmental Quality (“LDEQ”) issued an Emergency and Administrative Order on March 19, 2020, to address hardships posed to regulated facilities  by efforts to combat the COVID-19 virus.  See the order here.  The Order expires on April 18, 2020. The Order may be extended and/or amended as the situation evolves. At