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By Andrew H. Perellis and Ilana R. Morady

On March 21, 2012, the United States Supreme Court issued a unanimous decision hugely impacting EPA’s enforcement authority under the Clean Water Act (CWA). The decision also has strong implications for EPA’s enforcement authority under the Clean Air Act (CAA).

The issue before the Court was whether two landowners could bring a

Continue Reading Sackett v. EPA: Supreme Court Decides Unanimously In Favor Of Landowners

By Ilana R. Morady and Craig B. Simonsen

In a recent District Court decision in a toxic torts case, De Zayas v. Bellsouth Telecommunications, Inc., ___ F.Supp.2d ___, 2012 WL 161330 (S.D.Fla., January 18, 2012), the Court, finding no causal connection between the Defendant and the damage claim, granted the Defendant’s motion for summary judgment.

This case involved a

Continue Reading District Court Requires a Causal Link Between the Source and the Increased Levels of Toxicant

By Ilana R. Morady and Eric E. Boyd

The Federal Trade Commission (FTC) recently announced that it has extended the deadline for the public to submit comments on its new Appliance Labeling Rule.  The new regulations, which apply to residential furnaces, central air conditioners, and heat pumps, are mandated by the Energy Policy and Conservation Act (Act).  The Act

Continue Reading FTC Extends Deadline for Comments on Appliance Labeling Rule and Textile Rules

By Andrew H. Perellis and Ilana R. Morady

On Monday, January 9, 2012, the United States Supreme Court heard oral arguments in Sackett v. United States Environmental Protection Agency, No. 10-1062. According to news agencies attending the oral argument, the Justices seemed skeptical of EPA’s contention that its administrative compliance orders issued under the Clean Water Act were not subject

Continue Reading Sackett v. EPA: Supreme Court Justices Question Validity of EPA’s Principal Enforcement Tool

By Ilana Morady

A class action lawsuit filed this month in the Central District of California claims that Frito-Lay has engaged in misleading advertising, unfair competition, and breach of express warranty by marketing Tostitos and SunChips as made with “all natural” ingredients. The heart of the lawsuit centers on the claim that the popular snack foods are not made of

Continue Reading Is Food Containing Bioengineered Ingredients “Natural”?

By Ilana R. Morady and Craig B. Simonsen

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) empowers the U.S. Environmental Protection Agency (EPA) to issue an order “as may be necessary to protect public health and welfare and the environment.”  A party receiving such an order when not liable under CERCLA for response costs may petition for and obtain

Continue Reading Reimbursement Under CERCLA Section 106(b)? There Needs to Be an Order!

By Philip L. Comella and Ilana R. Morady

On October 21, 2011, the Basel Convention moved one step further in implementing the international ban on exports of hazardous waste to developing countries. The Convention was established in 1989 to address the transboundary movement of hazardous waste. In 1995, the export ban, known as the Ban Amendment, was proposed in response
Continue Reading Global Ban on Exports of Hazardous Waste Advances

By Ilana R. Morady and Craig B. Simonsen

According to the executive summary of the U.S. Environmental Protection Agency’s (EPA) new “Plan EJ 2014,” in January 2010, Administrator Lisa Jackson made “expanding the conversation on environmentalism and working for environmental justice” an Agency priority. The priority was then incorporated into the EPA’s Strategic Plan for 2011-2015. To implement

Continue Reading EPA’s Plan for Environmental Justice

By Ilana Morady

On September 13, 2011, The ChicoBag Company (“ChicoBag”), a reusable bag manufacturer, and Hilex Poly Company (“Hilex Poly”), the nation’s largest one-use plastic bag manufacturer, settled an unfair competition suit brought by Hilex Poly against ChicoBag.

Earlier this year, Hilex Poly filed a complaint in U.S. District Court of the District of South Carolina alleging that ChicoBag

Continue Reading Bag Manufacturers Settle Suit Over False Advertising

On August 10, 2011, Illinois Governor Pat Quinn signed Senate Bill 2106, which amends the Illinois Electronic Products Recycling and Reuse Act (“the Act”). The new law is aimed at ensuring that more electronic products will be recycled. It is predicted that the new requirements under the law will increase the recycling of electronic

Continue Reading New Illinois Law Requires Recycling Of More Electronic Products