News & Analysis as of

Comprehensive Environmental Response, Compensation and Liability Act Environmental Protection Agency

EPA’s Task Force Recommendations to Revamp and Expedite Superfund Cleanups and Process – A Welcome Change

by Miles & Stockbridge P.C. on

While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers...more

Ninth Circuit Addresses Finality Requirements for CERCLA Contribution Actions

by Davis Wright Tremaine LLP on

The Ninth Circuit Court of Appeals revived a contribution action under CERCLA, and in the course of ruling, it addressed three issues of first impression in the Circuit regarding contribution litigation under CERCLA. Asarco,...more

EPA Task Force Issues Recommendations to Reform Superfund Program

by Morgan Lewis on

The proposed reforms seek to accelerate cleanup and reuse of sites to reduce risks, reduce costs, and hasten redevelopment....more

CERCLA Task Force Issues Recommendations

by Beveridge & Diamond PC on

EPA Administrator Scott Pruitt has announced a set of Task Force recommendations that are aimed at improving the Superfund program. The Agency’s adoption of these recommendations is another indication that demonstrable...more

Oil Regulation 2017 - United States

Describe, in general terms, the key commercial aspects of the oil sector in your country. The US oil industry is divided into three sectors: upstream (exploration and production), midstream (processing, storage and...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Releases Final Test Guideline For Performance Against Bed Bugs: On June 14, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of a final test guideline, Laboratory Product...more

EPA Updates Due Diligence Standard under Superfund for Large Tracts of Land

by Arnall Golden Gregory LLP on

EPA published notice in the Federal Register on June 20, 2017, updating the “All Appropriate Inquiry Rule” for forestland and rural property. A purchaser or a tenant must demonstrate that it has performed All Appropriate...more

Refrigeration Systems Targeted: Risk Management Plans and Release Reporting

by Williams Mullen on

Companies operating ammonia refrigeration systems are easy targets for EPA under a number of environmental programs. Recent history suggests release reporting under Section 112(r) of the Clean Air Act (CAA) and under the...more

Environmental Notes - July 2017

by Williams Mullen on

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

EPA Revises All Appropriate Inquiry Rule

by Beveridge & Diamond PC on

EPA recently published notice in the Federal Register of its intent to amend its All Appropriate Inquiry (“AAI”) Rule by including a reference to the revised ASTM Standard E2247-16 – “Standard Practice for Environmental Site...more

Environmental Regs That Have Been Revoked, Stayed or Postponed by the New Administration

Only a few existing federal environmental rules have been set aside or overturned by the new Administration, and these actions were taken by the Congress in accordance with the special procedures of the Congressional Review...more

Cleaning Up the Cleanup Process? Administration’s Power Shift Increases Uncertainty to Superfund

In May, the Environmental Protection Agency (EPA) took several steps that are likely to refocus the Agency’s attention from greenhouse gas emission reductions and other novel uses of existing environmental laws to more...more

A New Budget, a New EPA Administrator, and New Uncertainty for Superfund Cleanups

by Miles & Stockbridge P.C. on

When Scott Pruitt took over the post as Administrator of the United States Environmental Protection Agency (EPA), he made it clear that one of his top priorities was to expedite cleanups at contaminated sites across the...more

Superfund Reform, Part 2: Giving Credit Where Credit Is Due

Last week, I offered less than fulsome praise of EPA Administrator Pruitt’s announcement that he was taking control of remedial decision for big Superfund sites. Now, he’s followed up with a memorandum announcing...more

EPA Centralizes CERCLA Remedy Selection Authority

by WilmerHale on

Environmental Protection Agency (EPA) Administrator Scott Pruitt last week issued a memorandum revising the existing delegations of authority related to implementation of the Comprehensive Environmental Response,...more

D.C. Circuit Strikes Down CERCLA Reporting Exemptions for Animal Feeding Operations

by Williams Mullen on

The United States Court of Appeals for the District of Columbia Circuit has invalidated EPA’s 2008 rule exempting animal feeding operations (AFOs) from certain federal, state and local hazardous substance reporting...more

EPA Issues New Contaminated Sediments Guidance

by Williams Mullen on

Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more

Scott Pruitt Just Solved All of the Problems with Superfund. Not.

Last week, EPA Administrator Pruitt issued a memorandum requiring that all Superfund remedies estimated to cost at least $50 million be approved by the Administrator. I’m not optimistic that this will cure, or even...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - Lynn L. Bergeson, Environmental Quality Management, Winter 2016: On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The law substantially...more

EPA Retracts CERCLA Remedy Selection Authority from Regional Offices for Remedies that Exceed $50 Million

by Beveridge & Diamond PC on

On May 9, 2017, EPA Administrator Scott Pruitt issued two new delegations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) that limit to the Administrator (and possibly the...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Federal District Court Declines to Declare that CERCLA Bars Pending State Law Tort Action

by Beveridge & Diamond PC on

Highlighting the discretion a federal court may exercise to allow a state court to hear state tort claims, a federal district court in Montana dismissed a former smelter operator’s claim for injunctive relief against...more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

by Barley Snyder on

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency...more

Federal Court Invalidates Air Reporting Exemption For Large-Scale Livestock Operations

by Bergeson & Campbell, P.C. on

On April 11, 2017, the U.S. Court of Appeals for the District of Columbia issued a decision vacating the U.S. Environmental Protection Agency’s (EPA) rule exempting livestock feeding operations from air reporting requirements...more

D.C. Circuit Strikes Down EPA Reporting Exemptions for Animal Waste

by Saul Ewing LLP on

On April 11, 2017, the United States Court of Appeals for the D.C. Circuit struck down an EPA final rule which exempted animal feeding operations from air pollution reporting requirements. Under the 2008 rule, farms did not...more

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