Contaminated Properties Environmental Protection Agency

News & Analysis as of

EPA Region III Assesses Largest Superfund Stipulated Penalty Ever

The Rodale Manufacturing facility in Emmaus, Pennsylvania was added to the National Priorities List in 1991 after more than 50 years of electrical component manufacturing. Operations at the facility included electroplating,...more

CDFA Creates New Brownfields Project Marketplace to Advise on Projects and Financing Resources --- Online Marketplace Scheduled...

The Council of Development Finance Agencies (“CDFA”), a national association dedicated to the advancement of development finance concerns and interests, announced the creation of the Brownfields Project Marketplace...more

Corner Briefing: California Land Reuse and Revitalization Act

This is the second edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

About those calls from MassDEP…

Last month, we wrote about MassDEP’s trichloroethylene (TCE) site reevaluation initiative. MassDEP has begun the process of screening sites previously closed under the MCP to look for sites where TCE might exceed the new...more

When May a Previously Approved Site Closure Not Provide Closure - Reopening Vapor Intrusion Sites

We can expect the trend seen in Massachusetts and some other states of reevaluating and reopening previously closed sites to address the vapor intrusion pathway to grow. Massachusetts is the latest state to reevaluate...more

EPA Seeks to Add Subsurface Intrusion to CERCLA Hazard Ranking System

The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more

Accutest Laboratories New England Notifies Clients of Potential Data Concerns

Notification of potential data quality issues by a Massachusetts laboratory is raising concerns about the possible impact on current and closed remediation sites in Massachusetts that relied on that data. Accutest...more

Stop the Presses. Superfund is Stupid.

I know that pointing out CERCLA’s stupidity has something of a dog bites man quality, but sometimes Superfund’s stupidity bears repeating. Today’s exhibit? New York v. Next Millenium Realty, in which Judge Feuerstein held –...more

EPA Proposes to Add Vapor Intrusion Pathway Assessment to Superfund Listing System

Last week, we wrote about an audit that MassDEP is conducting of previously closed sites to look for high concentrations of TCE in soils and groundwater. The intent of the audit is to address potential vapor intrusion. The...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

California Environmental Law & Policy Update - January 2016

Environmental and Policy Focus - Gov. Brown declares state of emergency over natural gas leak - San Diego Union Tribune - Jan 6 - California Gov. Jerry Brown declared a state of emergency Wednesday over a...more

T&H Case Study: Creating a Timeline of Fossil Fuel Disasters in America

As mentioned in a previous case study, much of the work we do in support of environmental law and toxic tort cases involves compiling comprehensive site histories. We work with our clients to come up with cost-efficient...more

California Environmental Law & Policy Update - October 2015 #4

Environmental and Policy Focus - Exide cleanup: Los Angeles County approves $2 million to facilitate lead removal at homes: Los Angeles Times - Oct 27: Los Angeles County supervisors, frustrated by what they say is a...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

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

California Environmental Law & Policy Update - August 2015 #3

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

EPA Issues Long-Delayed Guidance for Assessing and Mitigating Vapor Intrusion Risks at Contaminated Sites

On June 11, 2015, the United States Environmental Protection Agency released long-delayed final guidance for evaluating and mitigating risks at sites where vapor intrusion is an actual or potential concern. The final guidance...more

South Carolina Court Limits CERCLA Remedies

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

Superfund Divisibility Defense Gets New Life

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection...more

Is There Any End to Post-Closure Care Under RCRA?

Late last month EPA issued draft guidance on adjusting post-closure periods under RCRA. It’s not good news. ...more

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

Part 201 Revisions – Streamlining the Pathways to Closure

On January 10, 2015, Governor Snyder signed SB 891 into law, enacting revisions to Part 201 of the Natural Resources and Environmental Protection Act ("Part 201), Michigan’s environmental remediation law. The revisions cover...more

Environment 2015: Contamination and Waste Management Issues

This year is sure to bring a number of significant changes in the areas of waste management and cleanup, vapor intrusion, due diligence and issues related to real estate purchases. ...more

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