Western District of Pennsylvania Limits Party’s Ability to Recover Response Costs by Sedgwick LLP on 5/16/2012 The U.S. District Court for the Western District of Pennsylvania determined that a potentially responsible party conducting a site cleanup pursuant to both a state court order and an administrative settlement with a state...more
CVS Settles Hazardous Waste Suit by Greenberg Glusker Fields Claman & Machtinger... on 5/1/2012 In a settlement reached in mid-April, CVS Pharmacy Inc. (CVS) agreed to pay almost $14 million to settle claims that it improperly stored and disposed of hazardous waste at its drugstores in California....more
McAfee & Taft RegLINC - April 2012: Storage tanks By Chris Paul by McAfee & Taft on 4/18/2012 Owners of land on which petroleum underground storage tanks are located are responsible for the cleanup of gasoline released (In re Huntington and Kildare Inc. v. Grannis, N. Y. App. Div., No. 512100, 11/3/11). Huntington and...more
Smart Second Looks Save Years, Dollars In Resolving Environmental Claims by Patton Boggs LLP on 4/5/2012 Environmental contamination disputes often drag on for many years and sometimes for decades, often resulting in repeated, costly and inconclusive field investigations and sampling. Particularly for large NPL sites under long...more
CERCLA's Easily Confused Statutes of Limitations by Foley Hoag LLP - Environmental Law on 4/4/2012 Deciding statute of limitations issues in CERCLA cases is not always a straightforward matter as the recent 54 page opinion in American Premier Underwriters Inc. v. General Electric Company illustrates. There, a federal court...more
Watershed Date for N.J. Site Remediation: May 7, 2012 by Cole Schotz on 4/3/2012 In just over two months, nearly every existing site remediation case pending before the New Jersey Department of Environmental Protection (NJDEP) will become subject to the 2009 Site Remediation Reform Act, N.J.S.A. 58:10C-1...more
Setting Straight The EPA On The Cost Of Removing PCBs by Mintz Levin on 3/19/2012 Originally published in Law360, New York (March 14, 2012, 1:45 PM ET) The U.S. Environmental Protection Agency (EPA) has requested public comment on a proposed reinterpretation of its polychlorinated biphenyl (PCB)...more
Settling Party Barred from Bringing a CERCLA Section 107(a) Claim by Greenberg Glusker Fields Claman & Machtinger... on 3/9/2012 This week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia), the Eleventh Circuit held that a party that performs a cleanup in compliance with a consent decree has no right under the Comprehensive...more
Post Aviall Settlement Jurisprudence -- Back to the Future by Foley Hoag LLP - Environmental Law on 3/8/2012 Over the first two decades of CERCLA, the rule gradually emerged that parties which settled their liability were restricted to contribution claims under Section 113(f)(1) and would be entitled to contribution protection under...more
Lack of Control by Insured Over Related Companies Results in Denial of Coverage by Cole Schotz on 3/5/2012 In Newport Associates, Phase 1 Developers Limited Partnership v. Travelers Casualty and Surety Company, No. HUD-L-3070-09 ( New Jersey L. Div. January 24, 2012), plaintiff developers brought a declaratory judgment action...more
Environmental Practice Alert: NJDEP to Launch "Remedial Priority System" Scoring Results - Program Will Rank Contaminated Sites by Fox Rothschild on 1/5/2012 Under the Site Remediation Reform Act, the New Jersey Department of Environmental Protection (NJDEP) was tasked with establishing a ranking system that places contaminated sites into one of five categories and thereby ranks...more
Rogers Towers: Vapor Intrusion: Consideration During Due Diligence Investigation by Rogers Towers on 12/12/2011 In recent years, individuals and regulatory agencies have become concerned with the effects of “vapor intrusion,” which is the migration of emissions from volatile compounds, such as petroleum or dry cleaning solvents, found...more
When Guidance Is Not Really a Rule: EPA’s Effort to Expand Vapor Intrusion Investigation by Sheehan Phinney Bass + Green PA on 10/12/2011 Awareness of the potential risks from indoor air contamination has existed for decades. In 2002, the Environmental Protection Agency issued a “Draft Guidance for Evaluating the Vapor Intrusion to Indoor Air Pathway from...more
Public Notification and Outreach Rule Update by Cole Schotz on 8/26/2011 This article is a follow-up to our prior post of July 31, 2009 dealing with this issue. As you may know, the New Jersey Department of Environmental Protection (“NJDEP”) enacted a notification and public outreach rule,...more
ASTM International Publishes Guide for Property Owners Seeking Superfund Liability Relief by Venable LLP on 7/11/2011 In 2002, Congress passed the Small Business Liability Relief and Brownfields Revitalization Act, which, among other things, amended the Superfund statute (also known as "CERCLA") to carve out of the harsh liability scheme...more