Environmental Law



Environmental Law

Contact: Kathleen Whitby; Spencer Fane Britt & Browne LLP (Missouri, USA)

Ealier today, June 9, 2014, the United States Supreme Court handed down its decision in CTS Corp. v. Waldburger, et al., slip op. No. 13–339 (U.S., 6-9-2014). Reversing the Fourth Circuit, the Supreme Court held that the Superfund law’s preemption of state statutes of limitation for personal injury or property damage claims does not apply to state statutes of repose. Not every state has such a statute on the books, but for those that do, this may provide an additional shield for defendants, and an additional hurdle for plaintiffs.

Read more: CERCLA Will Not Save a Toxic Tort Claim which is Barred by a State Statute of Repose

EPA Region 2 and the U.S. Justice Department have resolved a stormwater enforcement case against CEMEX, associated with stormwater violations at 18 ready-mix concrete plants. The settlement will result in a civil penalty of $360,000, compliance upgrades of approximately $1.8 million, and a supplemental environmental project (SEP) involving the conservation of more than 400 acres of land valued at approximately $2.36 million.

Read more: Stormwater Violations at Concrete Ready-Mix Plants, Enforcement Nets More than $4 Million

Contact: William Brady; Spencer Fane Britt & Browne LLP (Missouri, USA)

On May 19th, EPA published an ANPRM in the Federal Register requiring the reporting and analyzing of chemicals used in hydraulic fracturing (“fracking”). EPA had delayed regulatory action for several years as environmental groups debated whether more transparent public disclosure was critical to ensure public safety, while industry representatives responded that regulation within their borders should be left to the states.


Read more: EPA Initiates Advanced Notice of Proposed Rulemaking (“ANPRM”) re Transparency in Reporting...

Contact: Johanna Kennerley, Senior Associate; Carter Newell (Queensland, Australia)

The Environmental Offsets Bill 2014, passed by Queensland parliament on 22 May 2014, requires proponents conducting prescribed activities that have a significant residual impact on a prescribed environmental matter to offset those impacts.


Read more: Environmental Offsets Bill is Passed

Contact: Andrew Shute, Partner and Johanna Kennerley, Senior Associate; Carter Newell (Queensland, Australia)

The Department of Natural Resources and Mines granted a water licence permitting the redirection of a section of Coral Creek to accommodate coal mining.

The coal mine in question is the Sonoma coal mine, about 6km south of Collinsville. 

Read more: Water Fight Leaves Reed Barely Afloat