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Cathode Ray Tubes/Warehouse: Federal Court Addresses Superfund Corporate Veil Piercing Issue

The United States District Court for the Southern District of Ohio (“Court”) addressed in a November 13th Order an issue arising out of a Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) or...more

Disposal of Coronavirus Contaminated Medical Waste: Texas Commission in Environmental Quality Guidance

The Texas Commission on Environmental Quality (“TCEQ”) has issued regulatory guidance regarding the transportation, treatment and disposal of Coronavirus Disease 2019 (“COVID-19”) medical waste....more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Richmond, Virginia Electronics Recycling Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and AERC Acquisition Corporation dba AERC Recycling Solutions (“AERC”) entered into a February 25th Consent Agreement (“CA”) addressing alleged violations of the...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Tuscaloosa, Alabama, Wood Treatment...

The Alabama Department of Environmental Management (“ADEM”) and KMG-Bernuth, Inc., (“KMG”) entered into a February 10th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code that address hazardous...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Dalton, Georgia Resin Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Sanco, Inc., (“Sanco”) entered into a February 5th Consent Agreement (“CA”) addressing alleged violations of the regulations the State of Georgia has adopted to...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management Proposed Special Order of Consent for Calhoun County...

The Alabama Department of Environmental Management (“ADEM”) proposed February 7th a Special Order by Consent (“Order”) for New Flyer of America, Inc. (“New Flyer”) addressing alleged violations related to hazardous waste...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Medical...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a January 2nd interpretive letter a question regarding the application of the Hazardous Materials Regulations (“HMR”) to...more

Coal Combustion Residuals/RCRA: Earthjustice Notice of Intent to Sue U.S. Environmental Protection Agency for Alleged Failure to...

Earthjustice on behalf of a number of environmental organizations sent a February 7th letter to United States Environmental Protection Agency (“EPA”) Administrator Andrew Wheeler styled...more

Post-Closure/Landfill: North Carolina Appellate Court Addresses RCRA Compliance Issue

The Court of Appeals of North Carolina (“Court”) addressed in a January 7th opinion a Resource Conservation and Recovery Act (“RCRA”) closure issue. See State ex. rel. Regan v. Wasco, LLC, No. COA19-355, 2020 WL 63913 (N.C....more

Manifesting Non-Creditable Hazardous Waste Pharmaceuticals/New Four Character Code: U.S. Environmental Protection Agency RCRA...

The United States Environmental Agency (“EPA”) released December 19, 2019 interpretive guidance titled: Manifesting Non-Creditable Hazardous Waste Pharmaceuticals – New Four Character Code (“Guidance”) - The document...more

Trafalgar/Stump Dump: Fredericks/Fredericks Construction Company, Inc.'s Joint Reply to Bella Vista Property Owners Association's...

Fredericks Construction Company, Inc. (“Fredericks Construction Company”) and Thomas Fredericks (“Fredericks”) filed a Joint Reply to the Bella Vista Property Owners Association’s Response to Motions to Dismiss. See Docket...more

Trafalgar/Stump Dump Site: Bella Vista Property Owners Association Response to Fredericks Construction Company, Inc.,'s Motion to...

The Bella Vista Property Owners Association (“POA”) filed a Brief in Opposition to Thomas Fredericks and Fredericks Construction Company Inc.’s (collectively, “FCC”) Motion to Dismiss the POA’s challenge to a Consent...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Oxford, Alabama Aircraft Repair/Maintenance...

The Alabama Department of Environmental Management (“ADEM”) and Aerospace Coatings International, LLC (“ACI”) entered into a December 4th Consent Order (“CO”) addressing alleged violations of the ADEM Administrative Code...more

Metal Processing Operations/California Hazardous Waste Control Law: West Coast Chapter-Institute of Scrap Recycling Industries...

The West Coast Chapter of the Institute of Scrap Recycling Industries, Inc., and several scrap facilities (collectively “Scrap Facilities”) filed a November 26th Complaint for Declaratory and Injunctive Relief (“Complaint”)...more

Unapproved Use of Slag at a Superfund Site: U.S. EPA Office of Inspector General Management Alert

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued what it describes as a “Management Alert” titled: Unapproved Use of Slag at Anaconda Co. Smelter Superfund Site (“Alert”)...more

Aerosol Cans/RCRA: U.S. Environmental Protection Agency Finalizes Addition to the Universal Waste Program

The United States Environmental Protection Agency (“EPA”) issued a pre-publication final rule adding hazardous waste aerosol cans to the universal waste program under the federal Resource Conservation and Recovery Act...more

UO19 (Benzene) U22 (Toluene)/Delisting Petition for One-Time Amount: November 12th U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) published a November 12th Federal Register Notice proposing to grant three petitions to delist a one-time amount up to 20,100 cubic yards of Resource Conservation and...more

Criminal Enforcement/ RCRA: US Department of Justice Announces Sentencing of Madison Heights, Michigan Plating Company/ Owner

The United States Department of Justice (“DOJ”) Issued on November 6th a press release announcing the sentencing of Electro- Plating Services Inc (“EPS”) and its owner Gary Sayers for alleged violations of the Resources...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Kinsale, Virginia Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Potomac Supply Company, LLC (“Potomac”) entered into an October 30th Consent Agreement (“CA”) addressing alleged violations of Resource Conservation and Recovery...more

U.S. Environmental Protection Agency e-Manifest User Fees: Environmental Technology Council Files United States Court of Appeals...

The Environmental Technology Council (“ETC”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the fee schedule issued by the United States Environmental...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Front Royal, Virginia Automobile Coatings Manufacturing...

The CA provides that ACS is an owner and operator of a facility (“Facility”) as those terms are defined in RCRA in Front Royal, Virginia. The Facility operates as an automobile coatings manufacturing facility. It is stated...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Birmingham, Alabama Outdoor Sign/Component...

The Alabama Department of Environmental Management (“ADEM”) and Sign Builders, Inc. (“SBI”) entered into a September 19th Consent Order (“CO”) addressing alleged violations of certain hazardous waste regulations. See Consent...more

U.S. EPA Environmental Appeals Board: Vickery, Ohio Hazardous Waste TSD Facility Challenges Certain Permit Conditions

Vickery Environmental, Inc. (“Vickery”) filed an October 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions...more

RCRA Cause of Action/Cleanup - Federal District Court Addresses Impact of Sampling Data

A United States District Court (New Jersey) (“Court”) addressed in a September 17th Memorandum and Order Cross Motions for Summary Judgment involving a Resource Conservation and Recovery Act (“RCRA”) cost recover action. See...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Marshall County, Alabama Orthopedic...

The Alabama Department of Environmental Management (“ADEM”) and Orchid Orthopedic Solutions Alabama, LLC, (“OOSA”) entered into an August 20th Special Order by Consent (“Order”) addressing alleged violations of portions of...more

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