Topic
Landfills
16 published works
Napoli Shkolnik Blog
Leachate Causes Concern Among Residents Living Near Landfill
Leachate, an industrial pollutant created when water passes through landfills, has been identified by the Environmental Protection Agency (EPA) as a pollutant that landfill operators are required to control. However,…
California Land Use & Development Law Report
CEQA Existing Facilities Exemption Inapplicable to Unlined Landfills and Exhaustion of Administrative Remedies not Required Where Public Notice of Intent to Rely on a CEQA Exemption is Inadequate
By John Morris
A California Court of Appeal held that CEQA’s issue exhaustion requirement did not preclude a challenge to Inyo County’s exemption determinations for condemnation proceedings and expanded operation of unlined landfills…
Tort Talk
Issues of Private Nuisance and Public Nuisance Re: Landfill Reviewed
In the case of Baptiste v. Bethlehem Landfill Company, No. 19-1692 (3d Cir. July 13, 2020 Restrepo, J., Roth, J., and Fisher, J.), the court addressed a landfill Defendant’s Motion…
Gravel2Gavel
A Court-Side Seat: O Little Landfill of Bethlehem, Nothing Fishy at the Aquarium and the Downside of Living Downwind
By Anthony B. Cavender Our latest look at the judiciary is focused mainly on the federal appeals system, with a side of regulatory development thrown in for good measure. The…
Environmental Law Blog
Appellate Division Affirms DEP Enforcement Against Non-Discharging Property Owner
The Appellate Division has affirmed a $66,200 administrative penalty imposed by DEP against the owner of a shopping center constructed atop a closed municipal landfill. The unpublished and non-precedential decision…
frESH
Increased Risk of Clean-Up Liability for Owners of Closed Council Landfill Sites in England and Wales
A recent Court of Appeal case, Powys County Council v Price and Hardwick, has addressed the issue of liability of successor public authorities under the UK contaminated land regime (Part…
frESH
What Happened to US EPA’s New Source Performance Standards and Emission Guidelines for Municipal Solid Waste Landfills?
By Squire Patton Boggs, Kendra Sherman
In 2016, US EPA finalized two rules designed to reduce methane and non-methane organic compound emissions from landfills. These rules were adopted as part of President Obama’s Climate Action Plan: Strategy to…
frESH
Despite New Administration, Environmental Groups May Influence Changes to US Industrial Stormwater Discharge Permits
By Erik Lange
Although the focus and priorities of a new US EPA administration under President-elect Trump remain unclear, regulatory changes may be in the works that could require certain industrial entities to…
The Appellate Strategist
Illinois Supreme Court Debates Retroactive Application of Landfill Cleanup Statute
By Kirk Jenkins
In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of…
Energy & Environmental Law Blog
Joint-Agency Letter Addresses Ohio Landfills’ Acceptance of Horizontal Well Wastes
By Ryan Elliott
On November 17, 2014, Ohio EPA, ODNR and ODH jointly published a letter addressing the acceptance and disposal of waste substances from horizontal wells at Ohio landfills. The joint-agency letter…