Comprehensive Environmental Response, Compensation and Liability Act

News & Analysis as of

Eminent Domain: Be Careful What You Ask For

The condemnation of property for public works may not always be as clean and easy as the government would like. Although local governments are often critical players in the cleanup and redevelopment of contaminated...more

Financial Assurance Requirements are on the Horizon for Hard Rock Miners

On January 29, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (“EPA”) to finalize the long-awaited “financial assurance” regulations under section 108(b) of...more

Environment 2016: Waste Management and Contamination Issues

The U.S. Environmental Protection Agency (EPA) finalized and proposed a number of rules and guidance in 2015 - changes the regulated community will need to monitor closely in 2016, including how many states may implement...more

Environmental, Health & Safety – What to Watch in 2016

To round out our series on industry and legal outlooks for 2016, I have compiled some of the many things for manufacturers to be aware of in the Environmental Health & Safety world for 2016....more

Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA

Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.” Generally, removal actions are interim actions to clean up or remove hazardous materials. 42...more

Environmental Notes - January 2016

Dominion Virginia Power (Dominion) operates a coalfired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

How Should You Respond to EPA Information Requests? Very Carefully.

You're looking through your mail one morning when you see it: a certified letter from EPA. The letter requests information about your company's operations over the last 20 years. It includes paragraph-after-paragraph of...more

EPA Opens Door to Electronic Audit Policy Self-Disclosures

Last month, the U.S. Environmental Protection Agency (“EPA”) launched its new eDisclosure Portal for electronic self-disclosures of violations made under the Audit Policy and the Small Business Compliance Policy...more

EPA Launches eDisclosure Portal to Modernize Self-Reporting

Under EPA’s long-standing Audit Policy and Small Business Compliance Policy, companies that discover, disclose, and correct environmental violations may be entitled to penalty mitigation and other benefits. On December 9,...more

EPA Launches Modernized eDisclosure Portal for Self-Disclosed Civil Violations

On December 9, 2015, the U.S. Environmental Protection Agency (EPA) published a Federal Register Notice announcing the launch of the eDisclosure portal, a centralized web-based system for receiving and automatically...more

Can Air Emissions Result in CERCLA Liability?

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

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2015.

EPA Issues Final Rule Adding 1-Bromopropane To EPCRA Section 313 List: On November 23, 2015, the U.S. Environmental Protection Agency (EPA) issued a final rule adding 1-bromopropane to the list of toxic chemicals subject to...more

EPA Modernizes the Audit Policy

The U.S. Environmental Protection Agency is modernizing its self-disclosure policy, commonly known as the Audit Policy, through a centralized “eDisclosure Portal” to receive and automatically process self-disclosed civil...more

Illinois Court Holds Pollution Claim Not A Covered Wrongful Entry Offense

In its recent decision in John Sexton Sand & Gravel Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 2015 U.S. Dist. LEXIS 166699 (N.D. Ill. Dec. 11, 2015), the United States District Court for the Northern District of...more

Determining An Intent To Dispose Under CERCLA Remains a Puzzlement

Determining when a person has “arranged” for the disposal of a hazardous substance has long been difficult. The Supreme Court brought some clarity to the issue in Burlington Northern, when it said that...more

CERCLA Divisibility: Two Strikes and Bases are Loaded

Joint and several liability means one defendant can be liable for all of the damages in a case, even where other defendants are at fault. In the CERCLA arena, this means a potentially responsible party can be forced to pay...more

CERCLA Update: Court Reverses Divisibility Ruling

Earlier this year, we reported on a case that seemed to breathe new life into the divisibility defense under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  Under CERCLA, a party that...more

Environmental Notes - October 2015

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

EPA Puts Refrigeration Firm on Ice

Millard Refrigerated Services Inc. learned the hard way that a company's failure to correct deficiencies in its processes can lead to significant consequences. Following three releases to the atmosphere from 2007 to 2010,...more

Changes in Environmental Due Diligence in Commercial Real Estate Prevent Toxic Investments

Financial due diligence in a commercial real estate purchase is a necessity, but equally important to purchasers and lenders is environmental due diligence. Many properties may have environmental issues from prior use, and...more

CERCLA Remains Ridiculous: A Remedy In Operation For 18 Years Is “Short Term”

Far too frequently, we are reminded just how hard judges must work to save CERCLA from itself. The decision last week in California River Watch v. Fluor Corporation is the most recent compelling example....more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2015

On October 15, 2015, Bergeson & Campbell, P.C. (B&C®) and the Woodrow Wilson International Center for Scholars (Wilson Center) issued a report, "The DNA of the U.S. Regulatory System: Are We Getting It Right For Synthetic...more

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

Pre-enforcement Review? Not Enough. How About Pre-issuance Review?

In Sackett, the Supreme Court ruled that EPA could not issue enforcement orders under the Clean Water Act without allowing the subjects of the order the right to bring a pre-enforcement challenge to such orders under the...more

Intruder Alert – EPA Issues Final Technical Guidance on Vapor Intrusion

This summer, EPA issued two, long-awaited final technical guides for assessing and mitigating the intrusion of hazardous vapors from subsurface contamination into overlying buildings. EPA’s issuance of these technical guides...more

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