News & Analysis as of

Hazardous Waste Site Remediation

(ACOEL) | American College of Environmental...

Superfund Remedies Good Enough for Now, Not Forever

Several weeks ago, Seth Jaffe posted a piece on this blog about the Comprehensive Environmental Response Compensation and Liability Act. I disagree with him. If you want to reduce the overall cost to the economy of the...more

McGlinchey Stafford

Potential Impacts on EPA Superfund Program During Trump’s Second Term

McGlinchey Stafford on

The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald...more

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

Citizen Suit Action/RCRA: Federal Court Addresses Applicability to Agency Supervised Site Remediation

The United States District Court for the District of New Jersey (“Court”) addressed in a June 25th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Raritan Baykeeper,...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

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

Environmental Criminal Enforcement: New Jersey-Based Hazardous Waste Collection/Disposal Corporation Sentenced for Alleged...

The U.S. Attorney’s Office (Middle District of Georgia) issued a January 18th press release stating that Care Environmental Corporation (“CEC”), which is headquartered in Hackettstown, New Jersey,  was sentenced for alleged...more

Gray Reed

Louisiana Legacy Lawsuit Survives Motion to Dismiss

Gray Reed on

Withrow v. Chevron is another Louisiana legacy lawsuit, this one claiming that defendants Chevron and Vernon E. Faulconer, Inc., and their predecessors, improperly disposed of toxic and hazardous oilfield wastes in unlined...more

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

Sale of Commercial Property: New Jersey Appellate Court Addresses Whether Remediation Contractor Owed Duty to Subsequent Property...

The Superior Court of New Jersey, Appellate Division (“Court”) addressed in a January 12th Opinion an issue relating to the environmental remediation of a commercial property. See Sunway Equity, LLC v. Suburban Propane, LP,...more

Barnea Jaffa Lande & Co.

Israeli Environmental Protection Ministry Takes Major Step to Ensure Environmental Rehabilitation per Polluter Pays Principle

The Knesset Finance Committee, headed by MK Alex Kushnir (Yisrael Beitenu), recently approved a mechanism for compensation for the rehabilitation of industrial waste damages caused by Rotem Amfert (of the ICL Group). The...more

Bricker Graydon LLP

ODOD releases rules and program guidelines for Brownfield Remediation Program and Building Demolition and Site Revitalization...

Bricker Graydon LLP on

The Ohio Department of Development (ODOD) released rules and associated program guideline documents (Brownfield Remediation and Building Demolition and Site Revitalization) to govern the disbursement of $500 million in total...more

Robinson+Cole Environmental Law +

Changes to PCB Remediation Expected Under Proposed Rule

On October 22, 2021, EPA published a proposed rule that would, if adopted, provide a significantly enhanced additional pathway for remediation of sites impacted by polychlorinated biphenyls or PCBs....more

(ACOEL) | American College of Environmental...

Transforming a 3000 Acre Steelmaking Complex from Hazardous Waste Site to a Restoration Success

In 1959 Bethlehem Steel’s Sparrows Point facility, located on the Patapsco River near the mouth of Baltimore Harbor, was the biggest steelmaking facility in the world. With close to 40,000 employees, Sparrows Point over many...more

(ACOEL) | American College of Environmental...

Bidding Adieu to the Connecticut Transfer Act … and Welcoming a New Remedial Approach

In September 2020, during a special legislative session, Connecticut took the plunge and passed Public Act 20-9, a statute that will sunset the Connecticut Transfer Act, and replace it with a release-based reporting and...more

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

Asphalt Roof Shingles/Remediation: Federal Court Addresses Whether RCRA Citizen Suit Limited by State Court Settlement

The United States District Court for the Northern District of Texas (“Court”), in a March 26th Opinion addressed issues involving a Resource Conservation and Recovery Act (“RCRA”) citizen suit action, 42 U.S.C. §...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Detroit, Michigan, Chrome/Oxide Coating Manufacturer Enter...

The United States Environmental Protection Agency (“EPA”) and Perfection Industries, Inc. (“PII”) entered into a March 18th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain Michigan rules...more

Benesch

Superfund Defense That The Government Hopes You Don't Know About - Part 3

Benesch on

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability.  Over time, many companies and their legal...more

McGlinchey Stafford

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on

On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more

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

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

Pullman & Comley, LLC

2019 Connecticut Environmental Legislative Update : Common Sense, a Camel, and Further Discussion: Connecticut Amends the Transfer...

Pullman & Comley, LLC on

The environmental law everyone loves to hate? In Connecticut, no contest: the Transfer Act, Conn. Gen. Stat. §22a-134 et seq., which requires a regulatory filing and exhaustive site investigation and remediation whenever...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

Holland & Knight LLP

Massachusetts Highest Court Clarifies When Claims for Permanent Property Damage Under Chapter 21E Accrue

Holland & Knight LLP on

On Jan. 19, 2018, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Grand Manor Condominium Association v. City of Lowell, 2018 WL 473078, which clarified, and some would say "changed," when a claim for...more

Troutman Pepper Locke

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

Troutman Pepper Locke on

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more

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