As a general rule, the law will not allow plaintiffs to sit on legal rights indefinitely. Superfund actions are no exception. The 6th Circuit recently applied this principle, finding a declaratory judgment of liability...more
In 2016, EPA published the long-anticipated Hazardous Waste Generator Improvement Rule (HWGIR) updating requirements for generators of hazardous waste. The HWGIR also clarifies EPA polices governing accumulation of hazardous...more
On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the...more
7/10/2017
/ CERCLA ,
Clean Air Act ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Landfills ,
Methane ,
Paris Agreement ,
Pesticides ,
Regulatory Agenda ,
Regulatory Burden ,
Superfund ,
Trump Administration
The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more
12/15/2016
/ CERCLA ,
Common Stock ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
EPCRA ,
General Permit ,
NESHAP ,
New Guidance ,
Pesticides ,
Remediation ,
Solar Energy ,
Superfund ,
Underground Storage Tanks
The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more
5/20/2016
/ Air Pollution ,
Clean Air Act ,
Coal Ash ,
Consent Decrees ,
Deepwater Horizon ,
Department of Environmental Quality ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Environmental Crimes ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Groundwater ,
Hazardous Communication Standard ,
Hazardous Waste ,
Individual Accountability ,
OSHA ,
RCRA ,
Safety Data Sheets ,
Sierra Club ,
Solid Waste ,
SSM Periods ,
Superfund ,
Toxic Chemicals ,
Training Requirements ,
Utilities Sector ,
Workplace Safety ,
Yates Memorandum
Liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) results from “releases” of hazardous substances. The term “release” is usually used in the context of something spilled or...more