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Toxic Torts Zoning, Planning & Land Use

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Eleventh Circuit Reinstates Groundwater Contamination Case Dismissed on Lone Pine Order

by Beveridge & Diamond PC on

In a case that may provide some plaintiffs with protection from early Lone Pine orders, the Eleventh Circuit reversed a trial court’s dismissal of a groundwater contamination case for failure to sufficiently state claims...more

New Jersey Supreme Court Rules No Time Bar for Spill Act Contribution Claims

by Wilson Elser on

In a unanimous decision on January 26, 2015, the Supreme Court of New Jersey, in Morristown Associates v. Grant Oil Co., overturned two lower-court decisions and held that the six-year statute of limitations for damage to...more

Recent Cases on Clean Air Act Preemption of Common Law Torts Upend Conventional Wisdom

Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v....more

Toxic Tort and Environmental Litigation: District Court Finds Expert Proof Insufficient to Prove Causation (1/15)

Causation is often the biggest hurdle a plaintiff must clear in proving a toxic tort case. For that reason, it would be expedient if a plaintiff could get to trial on the issue of causation merely by showing that...more

The Need For Expert Evidence To Make Out An Innocent Landowner Defense Under CERCLA

As every litigator knows, evidence almost always tells a story that is untidy and riddled with loose ends. This was illustrated by a recent innocent landowner case in California — Coppola v. Smith. There, a company had...more

Meet Your Deadlines: West Virginia AST Act Challenges

In This Presentation: - How We Got Here - Aboveground Storage Tank Act - Key Definitions - Key Elements - Upcoming Deadlines - AST Registration Stats - Interpretive Rule (47 CSR 62) -...more

The Expanding Availability of Apportionment To Limit Liability in Superfund Cases

In Burlington Northern in 2008, the US Supreme Court ruled that Superfund liability could be apportioned whenever there was a reasonable basis for showing that the harm was divisible, such as by considering the length of time...more

Aboveground Storage Tank Act Interpretive Rule

This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent...more

NPDES Permits Are Construed Narrowly Against the Permittee

In July, we noted that the Clean Water Act’s permit shield defense would be construed narrowly, applying only where a permittee had clearly disclosed that the relevant pollutant to the agency. This week, in Alaska Community...more

Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

by Thompson Coburn LLP on

A fertilizer plant surrounded by homes, schools, and a hospital. A chemical tank that was externally examined but not drained of liquid for a more thorough inspection. These were some of the factors that contributed to two...more

EPA Proposes Clarification on CERCLA’s “All Appropriate Inquiry” Standard

Step by step, inch by inch. Slowly but diligently, the U.S. Environmental Protection Agency has been working to clarify what standards and practices may be used for conducting “all appropriate inquiries” (AAI) under the...more

EPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule

by Pullman & Comley, LLC on

On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate...more

EPA Issues Proposed Rule to Remove Reference to ASTM E1527-05 in All Appropriate Inquiries Rule

by Perkins Coie on

On June 17, 2014, the U.S. Environmental Protection Agency published a proposed rule to amend the standards and practices for complying with the “All Appropriate Inquiries” rule under the Comprehensive Environmental Response,...more

United States Supreme Court Holds that CERCLA Allows State Statutes of Repose to Limit Plaintiffs’ Injury Claims

This week, the United States Supreme Court issued a ruling of interest to any Potentially Responsible Party regarding the effect of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on state...more

California Environmental Law and Policy Update - June 2014

by Allen Matkins on

Environmental and Policy Focus: California is ahead of EPA on climate rules - Los Angeles Times - Jun 5: In 2006, when California adopted AB 32, its landmark global warming law, it acted virtually alone. Now, the state...more

Waste Board Amends VRP Regulations: What’s Changed?

by Williams Mullen on

The Virginia Waste Management Board has amended the Virginia Voluntary Remediation Program (“VRP”) regulations. The amended regulations – known as Amendment 2 – went into effect on January 29, 2014. All sites now in the VRP...more

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

U.S. EPA Amends Its "All Appropriate Inquiries Rule" To Reference Updated Standards for Phase I Environmental Site Assessments

by Allen Matkins on

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) amended its All Appropriate Inquiries (AAI) Rule, codified in 40 CFR Part 312, to include a specific reference to the updated ASTM International Standard...more

Ignoring Environmental Due Diligence Could Be Costly

by Best Best & Krieger LLP on

We have all heard the saying “ignorance is bliss,” but in the area of real property acquisition, the more important idiom is “what you don’t know can kill you.” That may be a bit dramatic, but what you don’t know about a...more

Local Agencies Empowered to Order the Cleanup of Contaminated Properties - Assembly Bill 440 Provides Agencies Immunity from...

by Best Best & Krieger LLP on

Gov. Brown recently signed Assembly Bill 440 into law, providing an important tool for local agencies to force the cleanup of contaminated properties within their borders. AB 440 builds upon the Polanco Redevelopment Act...more

Texas Environmental Update - October 2013

by Bracewell LLP on

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

Washington Legislature Passes Significant Changes To The Model Toxics Control Act

by Perkins Coie on

During the waning hours of the legislative session, the Washington State Legislature passed Substitute Senate Bill 5296 (SSB 5296) by large majorities and Governor Inslee signed the bill without changes. ...more

May 2014 is not that far away – New Jersey’s Mandatory Deadline for Remedial Investigations

by Cole Schotz on

The Site Remediation Reform Act (“SRRA”) established a May 7, 2014 deadline for completing the remedial investigation for all sites that triggered remediation requirements prior to May 7, 1999. If a responsible party fails...more

Clean Air Act Enforcement in the Pharmaceutical Industry - Major Pharmaceutical Company to Pay $2.2 Million to EPA to Resolve...

by King & Spalding on

On June 28, 2013, King Pharmaceuticals LLC (“King”) agreed to pay a $2.2 million fine and take measures to comply with the Clean Air Act (CAA) to resolve alleged failures to comply with major source requirements at its...more

EPA’s New "Institutional Controls" Guidance May Raise Issues in Cleanups and Transactions

The U.S. Environmental Protection Agency recently issued two guidelines with far-reaching implications for real estate transactions involving contaminated sites, including sites owned by the Department of Defense. The...more

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