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Jason Flower

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.

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Due to its suddenness and severity, overnight the COVID-19 outbreak has rearranged the priorities of corporate legal departments. Things that were of top-of-list importance yesterday have likely been replaced by action items that were inconceivable just a few weeks ago. Additionally, the “all-hands-on-deck” approach to managing the crisis is likely to last for some time and perhaps longer than any of us could have imagined. There are going to be many legal issues of great strategic importance that simply won’t receive the attention they require; likewise, there will be day-to-day issues that could also be overlooked. Environmental monitoring and reporting requirements could be among those.

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…

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 about to take place before the Supreme Court on this issue, and large manufacturers, utilities, and other owners of large sources of greenhouse gases should take note.