Natural Resource Damages & Environmental Justice
Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
What are PFAS and Why Should We Care?
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a...more
The United States Federal District Court (E.D. Louisiana) (“Court”) addressed in a November 5th Order an issue arising out of a federal Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Residents of...more
On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more
As Benesch previously reported, U.S. EPA issued guidance entitled, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program” on March 26, 2020. The memorandum expressed U.S. EPA’s general intention to...more
On April 10, 2020, the U.S. Environmental Protection Agency (EPA) released interim guidance in response to the unprecedented COVID-19 pandemic. This interim guidance was issued for response actions related to cleanup and...more
On April 25, 2019, the U.S. Environmental Protection Agency (“EPA”) published its Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS (the “Interim Recommendations”) and received 373 comments...more
The Leading Infrastructure For Tomorrow's America Act (LIFT America Act or the Act), H.R. 2741 – 116th Congress, was introduced by Rep. Frank Pallone Jr. (D-N.J.) on May 15, 2019. The House Committee on Energy and Commerce is...more
Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more
The United States Environmental Protection Agency (“EPA”) public noticed in the April 17th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 83 Fed. Reg. 16853. The PPA concerns the Manual...more
Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more
• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a December 22nd report titled: Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and...more
The 9th Circuit United States Court of Appeals (“Court”) in a September 13th opinion considered whether “knowingly storing and disposing of hazardous waste without a Resource Conservation and Recovery Act (“RCRA”) permit” is...more
Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more
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
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
Late last month EPA issued draft guidance on adjusting post-closure periods under RCRA. It’s not good news. ...more
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
In Voggenthaler v. Maryland Square LLC, 724 F.3d 1050 (9th Cir. 2013), the defendants argued that contamination that happened in Vegas, stayed in Vegas, and therefore the Commerce Clause barred the application of CERCLA. The...more
The U.S. Environmental Protection Agency recently issued two guidelines with far-reaching implications for real estate transactions involving contaminated sites, including sites owned by the Department of Defense. The...more
Businesses involved in clean-up of environmentally contaminated sites often face a time-consuming and expensive process. The Missouri Department of Natural Resources and the Environmental Protection Agency will pilot reforms...more