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EPA Announces Final Rule Eliminating ASTM Phase I ESA Standard E1527-05 from CERCLA “All Appropriate Inquiries Rule”

On October 6, 2014, the EPA announced a final rule amending the “All Appropriate Inquiries Rule” [40 CFR Part 312] (“AAI Rule”) for conducting environmental site investigations of potentially contaminated property....more

Rockies Express Pipeline, LLC v. Burtle, No. 11-1219 (U.S. 7th Cir. Aug. 21, 2012)

U.S. 7th Circuit affirmed district court's exclusion of expert's valuation of property

The 7th Circuit Court of Appeals recently affirmed the district court's exclusion of expert evidence regarding valuation of property. In the recent case, Rockies Express Pipeline, LLC v. Burtle, No. 11-1219, 2012 WL...more

Contaminated Land: Cleaning up the Statutory Guidance in England

Revised Statutory Guidance in relation to the contaminated land regime, and regulations amending the definition of when land will be considered to be contaminated, came into force on 6 April 2012. There are two significant...more

Shawn Collins - Five Things to Do if your Water or Neighborhood is Polluted

This is an interesting article by Shawn Collins detailing the five things you should do if your neighborhood is, or may be, polluted. These typically arise in water or groundwater contamination cases, with chemicals or...more

Shawn Collins - Don't Trust What Polluters Say

This is an article by environmental litigator Shawn Collins discussing his experience in environmental class action cases, and why homeowners cannot afford to trust what the polluting companies say. Their lawyers or public...more

Interim Regulations Passed That Revamp New Jersey's Site Remediation Program

The Administrative Requirements For Remediation Of Contaminated Sites (“ARRCS”) were promulgated on November 4, 2009. These interim rules were issued pursuant to the Site Remediation Reform Act (“SRRA”) that was passed on May...more

Rough Justice:U.S. Supreme Court Liberalizes Use of Apportionment Instead of Joint and Several Liability in Superfund Litigation...

In a much anticipated ruling, a nearly unanimous U.S. Supreme Court has determined that the imposition of liability as an “arranger” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA,”...more

New Ninth Circuit Decision Confirms that Parties Who Undertake Soil and Groundwater Cleanups Voluntarily or at the Request of...

A new decision by the U.S. Court of Appeals for the Ninth Circuit holds that parties who undertake environmental investigations and cleanups absent a U.S. Environmental Protection Agency (EPA) or court decree or judgment...more

Lang Michener - Real Estate Brief - Spring 2008

In This Issue: The Ontario Brownfields legislation is designed to encourage development of properties that are contaminated or are perceived to be contaminated by reason of prior use. Annie Thuan reviews some recent and...more

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