Jason Flower

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Jason represents chemical and manufacturing clients nationwide as plaintiffs and defendants in high-profile cost recovery and contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Jason also helps clients manage complex Superfund sites. Jason defends clients in judicial and administrative environmental enforcement actions under the Clean Air Act and Clean Water Act. In addition to traditional environmental matters, Jason represents clients in exposure and toxic tort lawsuits regarding alleged environmental contamination, including personal injury and property damage lawsuits.

Latest Articles

The EPA has taken the position that long term exposure to these chemicals may result in birth defects, cancer, liver effects, immune effects, thyroid effects, and other health issues. Long chain PFAS don’t readily degrade, and thus build up in the environment and persist in the human body itself. Low levels of these chemicals have been found in drinking water and soil and, in one study, in the blood of almost every subject tested. Read…
Per- and polyfluoroalkyl substances (“PFAS”) are synthetic chemicals used in a number of industrial processes and in the manufacturing of certain consumer goods because of their fire resistance and because they repel oil, stains, grease, and water. There are approximately 3,500 different compounds under the umbrella of PFAS. Some of these were used in firefighting foam, which in some places, including near airports, were spread over the ground to prevent forest fires. The most well-known…
Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as “waters of the United States” under the Act. Over the years, various federal courts have reached differing conclusions on the question of whether discharges to groundwater can be considered discharges to waters of the United States. This issue recently came to a head in a 9th Circuit opinion. In response, the U.S. Environmental Protection Agency (EPA)…
On February 20, 2018, the U.S. Environmental Protection Agency (EPA) requested comments on whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater or other subsurface flow with a direct hydrologic connection to the jurisdictional surface water may be subject to regulation under the Clean Water Act (CWA). The answer to this question will have far reaching implications because the scope of the agency’s powers under the CWA determines the scope of:…
As you’ve likely heard, the Environmental Protection Agency (EPA) has now officially taken the position that greenhouse gases like carbon dioxide are fair game for regulation and in fact are required to be regulated under the Clean Air Act. While this development may be cheered by environmental conservation groups and climate scientists, those who will actually have to implement the technology necessary to comply with EPA’s new regulations are less thrilled. Another pitched battle is…