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November 2011 Archives

Court Must Hear Citizen Suit Case to Force River Clean Up under Administrative Consent Order

The U.S. Court of Appeals for the Third Circuit recently held that the U.S. District Court for the District of New Jersey could not abstain from hearing a citizen suit case brought under both the federal Clean Water Act and the federal Resource Conservation and Recovery Act, and which sought an injunction requiring the defendant to clean up the Raritan River.

"Fracking NY" Blog Series: Part 3 - Summary of DEC's 2011 Draft Regulations

In our first two posts (here and here) in the Fracking NY Blog Series, we considered the general background of fracking in the Marcellus Shale region of New York and the 2011 Revised Draft Supplemental Generic Environmental Impact Study ("Revised Draft SGEIS") prepared by the New York State Department of Environmental Conservation ("DEC") which studied the environmental impact of allowing fracking in New York State. This post discusses the draft DEC regulations that were released in September of this year that would regulate high-volume horizontal hydraulic fracturing, or "fracking," in New York State. 

"Fracking NY" Blog Series: Part 2 - Summary of DEC's 2011 Revised Draft SGEIS

As mentioned in our last NY Fracking Series post, hydraulic fracturing as a method of extracting natural gas is nothing new in New York State. But the type of high-volume horizontal hydraulic fracturing, or "fracking," now being considered for the Marcellus Shale formation in New York is new. That's why it has triggered a revision of the State's environmental review of the issue and a revision to its regulations of natural gas drilling. This post will summarize the State's recent Environmental Impact Study on the impacts of fracking in New York State to human health and the environment. 

"Fracking NY" Blog Series: Part 5 - Delaware River Basin Commission Proposed Regulations

We've discussed proposals from the State and Federal governments for the regulation of high-volume horizontal hydraulic fracturing of shale for natural gas (i.e., "fracking"), but there is another level of authority that has something to say about fracking operations in New York State - the Delaware River Basin Commission. This post will discuss the proposed amendments to the Commission's Water Quality Regulations which would regulate fracking in the Delaware River Basin, as well as the New York State Attorney General's lawsuit regarding the Commission's proposed regulations.

Bankruptcy Does Not Discharge All Liability to Cleanup a Contaminated Site: Part II

In our last post, "Bankruptcy Does Not Discharge All Liability to Cleanup a Contaminated Site: Part I," we discussed the background of In re Mark IV Industries, Inc., 2011 U.S. Dist. LEXIS 110595 (S.D.N.Y., Sept. 28, 2011), describing the events that led up to the filing of the lawsuit and the Bankruptcy Court's decision. In this post, we will discuss the decision of the United States District Court for the Southern District of New York on appeal.

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