News & Analysis as of

Contaminated Properties

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

When is an Unforeseen Condition a “Differing Site Condition”?

by Gray Reed & McGraw on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

Sixth Circuit Affirms Arbitrator’s Decision In Environmental Remediation Matter

by Carlton Fields on

The Sixth Circuit has affirmed an order confirming an arbitration award regarding indemnification obligations for environmental cleanup owed by William Farley toward the Eaton Corporation arising out of the 1986 sale of an...more

SEQRA Permits Lead Agency To Remove Conditions from Conditional Declarations

by Farrell Fritz, P.C. on

Petitioners, residents and nearby occupants (“Petitioners”), commenced a hybrid Article 78 proceeding and declaratory judgment action against the Planning Board of the Village of Tuckahoe (“Board”) and others in Murphy v....more

EPA Task Force Report to Revitalize the Superfund Program

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned...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

Property Needs Environmental Cleanup? Don't Scrap It, SCAP It!

by Lewitt Hackman on

Property owners in California may have access to state funds for environmental cleanup of smaller brownfields projects. The money comes from two pieces of environmental legislation passed in 2014....more

EPA Issues Recommendations to Streamline Superfund Cleanup Process and Promote Site Reuse

by White & Case LLP on

On July 25, 2017, the United States Environmental Protection Agency ("EPA") Superfund Task Force (the "Task Force") released a report that aims to improve the federal Superfund contaminated site cleanup program. The policies...more

The Kawartha Lakes Saga Continues: Oil Spills and the Dangers of DIY

by Bennett Jones LLP on

Gendron v Thompson Fuels et al provides a cautionary tale for homeowners hoping to "handle things on [their] own". In this case, the plaintiff-homeowner attempted to clean up a domestic fuel oil spill with Tupperware...more

EPA's Superfund Task Force recommendations: takeaways for those involved in cleanup

by DLA Piper on

EPA's Superfund Task Force has completed a review of the 1,300 Superfund sites across the country and, as directed by EPA Administrator E. Scott Pruitt, made recommendations on how to improve and restructure the cleanup...more

Despite “As Is” Basis, Seller Allocated Liability Under Superfund for Failure to Address Contamination of Property

by Arnall Golden Gregory LLP on

A federal court recently found the City of Fairbanks, Alaska responsible for 55% of the remediation costs necessary to clean up property it used to own because it should have taken action to mitigate the harm or warn the...more

In Task Force Report, the EPA Provides a Glimpse Into the Future of Superfund

by Faegre Baker Daniels on

On May 22, 2017, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced the formation of the Superfund Task Force. During his short time at EPA, Administrator Pruitt has emphasized the need to “streamline...more

Allocation Governed by “All Sums” Where Policy Contains “Prior Insurance” or “Non-Cumulation” Clause

by Cozen O'Connor on

On July 18, 2017, the U.S. Court of Appeals for the Second Circuit adopted the New York Court of Appeals’ previous holding that the “all sums” provision in the insuring agreement permits an insured to access the limits of all...more

Another Oil Field Contamination Plaintiff Waits Too Long

by Gray Reed & McGraw on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

EPA Administrator Makes Streamlining Superfund a Priority

by Williams Mullen on

EPA Administrator Scott Pruitt believes that “Superfund cleanups take too long to start and too long to complete.” That’s the impetus behind a May 22, 2017 internal memo he issued regarding EPA’s Superfund program. ...more

De vervuiler van bodemverontreiniging betaalt niet meer? (Dutch)

by Dentons on

The polluter pays (we always thought). No, for soil contaminants that originated before 1987 (the so-called 'historical pollutants'), this point of departure does not last long. Since 2006, the Land Protection Act has entered...more

Superfund Changes Afoot

Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place...more

Safety, Health and Environment Matters - Spring 2017

by DLA Piper on

Shortly before this edition of SHE Matters went to press, the latest developments occurred in the long-running litigation between Client Earth and Government over air quality in the UK, excessive ambient levels of nitrogen...more

Tenth Circuit Finds CERCLA Contribution Claim Not Barred by Bankruptcy Approval of a Settlement Estimating Liability for the Site

Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action, the Tenth Circuit ruled that a mining company, whose...more

Transformational Brownfield Projects Eligible for Substantial Tax Incentives Under Recently Enacted Legislation

by Miller Canfield on

Brownfield redevelopment authorities and developers and owners of transformational brownfield redevelopment projects are eligible for substantial tax incentives under legislation signed by Governor Snyder on June 8,...more

Dry Cleaner Who Contaminated Neighbour’s Property Ordered To Pay Significant Damages

In Huang v. Fraser Hillary’s Limited the plaintiff, a property owner, brought an action against his neighbour, Fraser Hillary’s Limited (“FHL”), a dry cleaning business, and David Hillary (“Hillary”) the owner of a...more

The Cost of Maine VRAP Protection to Increase

by Pierce Atwood LLP on

The cost to obtain liability protection under Maine’s very popular Voluntary Response Action Program (VRAP) will soon increase. Effective January 1, 2018, the cost of Maine DEP assistance in reviewing a voluntary response...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

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