News & Analysis as of

Environmental Violations Comprehensive Environmental Response, Compensation and Liability Act

Mitchell, Williams, Selig, Gates & Woodyard,...

Acquisition of Contaminated Property: Federal District Court Addresses Allocation of Cleanup Costs

The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Morganfield, Kentucky Medical Device Design...

The United States Environmental Protection Agency (“EPA”) and Vibracoustic USA, Inc. (“VUI”) entered into an April 21st Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

Holland & Hart LLP

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

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On December 17, 2024, President Biden signed into law the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (Public Law No. 118-155) (the “Act”). The Act is a response to ongoing environmental...more

Beveridge & Diamond PC

Environmental Enforcement Update: What to Expect In the Second Trump Administration

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We anticipate President Trump’s upcoming term will usher in significant shifts in U.S. environmental enforcement priorities and practices. Beveridge & Diamond has helped clients navigate every change in administration since...more

Oberheiden P.C.

10 Tips for Handling an EPA Environmental Audit

Oberheiden P.C. on

The U.S. Environmental Protection Agency (EPA) expects companies to self-police their environmental compliance efforts. While the EPA regularly conducts inspections focused on assessing environmental compliance, it also...more

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Tracy, California, Cheese Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

Seyfarth Shaw LLP

Big Money: OSHA and EPA Civil Penalties Increase Again for 2024

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Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....more

Snell & Wilmer

EPA Orders Derailment Clean Up

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On February 21, 2023, less than three weeks after a Norfolk Southern train derailment in East Palestine, Ohio, less than a mile from the Pennsylvania border, EPA issued a 77 page Unilateral Order to the company requiring it...more

Nossaman LLP

EPA Announces Update to Civil Monetary Penalties – Impacts on Water Providers

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On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes....more

Burr & Forman

Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

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Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Federally Permitted Releases/CERCLA: Federal Appellate Court Addresses Whether a Clean Air Act Permit Notification Qualifies

The United States Court of Appeals for the Third Circuit (“Third Circuit”) in a June 21st Opinion interpreted the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) or (“Superfund”) phrase...more

Pillsbury Winthrop Shaw Pittman LLP

Regulatory Overview on PFAS in the United States

PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more

Morgan Lewis

Oil Companies Must Pay Nearly $50M to United States for WWII Environmental Pollution Cleanup

Morgan Lewis on

The US District Court for the Central District of California issued an opinion on December 10 in the decades-long fight between the US Environmental Protection Agency and several oil companies over payment of the United...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Priority List/Superfund: Federal Appellate Court Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a November 13th decision a challenge to a United States Environmental Protection Agency (“EPA”) decision regarding a Comprehensive...more

Holland & Knight LLP

When Considering Bankruptcy, Don't Forget About Environmental Obligations

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With economic downturn comes bankruptcy. It is often observed that the intersections between the U.S. Bankruptcy Code and environmental law can create conflict, because while many federal and state environmental statutes seek...more

Holland & Knight LLP

Proposed Regulations that Impact Environmental Enforcement Aim to Clarify 2017 Tax Act

Holland & Knight LLP on

The Tax Cuts and Jobs Act (TCJA) of 2017, P.L. 115-97 (Dec. 22, 2017), made changes to the long-standing rule precluding deductibility of "any fine or similar penalty paid to a government for the violation of any law." ...more

Seyfarth Shaw LLP

EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more

McGlinchey Stafford

Environmental Due Diligence In The Wake Of COVID-19

McGlinchey Stafford on

The COVID-19 pandemic has the potential for impacting prospective purchasers of real estate from performing due diligence. The Bona Fide Prospective Purchaser (BFPP), the Innocent Landowner (ILO), and the Contiguous Property...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Methanol Release/CERCLA Enforcement: U.S. Environmental Protection Agency and Adrian, Michigan Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and W2Fuel Adrian II, LLC, (“W2”) entered into an August 28 Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 103(a) of the...more

Pillsbury - Policyholder Pulse blog

Environmental Closure Costs Are Covered! (And Are Not Ordinary Costs of Doing Business)

Insurers have recently argued that environmental property damage claims for “closure” costs arising out of historic pollution are not covered, because the claimed damages are just “ordinary costs of doing business.”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Property Access/Superfund: U.S. District Court (W.D. Washington) Addresses U.S. Environmental Protection Agency's Request to...

A United States District Court (Western District of Washington) addressed the United States Environmental Protection Agency’s (“EPA”) request for access to real property in King County, Washington to undertake certain...more

Vedder Price

The Environmental Black Swan: What Manufacturers Don’t Know They Don’t Know

Vedder Price on

Regardless of what side of the political fence you reside on and regardless of whether under this current administration you believe environmental enforcement has taken a holiday, the fact remains that most manufacturers...more

Foley Hoag LLP - Environmental Law

Yes, Virginia, Selling a Building Known to Contain PCBs Can Constitute An Arrangement for Disposal

Some cases just make you wonder what people were thinking. I’m not even sure Donald Trump would have tried to get away with what Dico, Inc., tried to get away with. In 1994, EPA issued an administrative order, requiring...more

Perkins Coie

Potential Expansion of MTCA to More Owners/Operators of Contaminated Properties in Washington

Perkins Coie on

The Washington State Court of Appeals recently held the Department of Natural Resources (DNR) liable as an operator or owner of a contaminated site under the Model Toxics Control Act, RCW 70.105D (MTCA), in Pope Resources, LP...more

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