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
The Georgia Brownfield Association (GBA) held its 10th annual Brownfield Seminar on April 9th, bringing together leaders from the legal, engineering, and government sectors who share an interest in furthering the...more
This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...more
Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal...more
On December 15, 2022, the United States Environmental Protection Agency (EPA) took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments. As previously noted, ASTM...more
The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more
With its imposition of strict, joint and several, and retroactive liability, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund statute, has raised...more
Trade groups sue California to stop threatened species listing for Western Joshua Tree - Bullet Desert Sun – October 27 - Several trade groups and a high desert town sued in Fresno County Superior Court on October 21 over...more
ASTM International (ASTM) has proposed redefining a Controlled Recognized Environmental Condition (CREC). The ASTM's definition, as drafted, confuses risk-based decision-making with the implementation of institutional...more
On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more
The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more
On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more
The Office of Inspector General (“OIG”) of the United States Environmental Protection Agency (“EPA”) issued an Amended Project Notification (“Notification”) dated February 4th titled: Communication of Human Health Risks...more
This Corner Briefing highlights new Environmental Screening Levels (ESLs) established by the San Francisco Regional Water Quality Control Board on Jan. 24, 2019. The new ESLs have the potential for making sites that cleared...more
New Jersey has one of the nation’s strictest site remediation regimes, and new amendments to the law may create further compliance challenges for property owners and users....more
The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more
The Brownfields Tax Credit program was due to expire on August 5, 2018. However, on May 31, 2018, Governor Baker signed the Housing Bond Bill, H4536, which, among other things, extended the Brownfields Tax Credit program for...more
\The United States Court of Appeals for the Ninth Circuit (“Court”) addressed whether a California tax-sale purchaser was entitled to a third-party defense provided by the Comprehensive Environmental Response, Compensation,...more
The United States Environmental Protection Agency (“EPA”) announced in a May 18th news release that the City of Slidell, Louisiana, (“Slidell”) was recognized for its reuse of a federal Comprehensive Environmental Response,...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
The United States Environmental Protection Agency (“EPA”) published a March 15th Federal Register notice regarding the availability of supplemental funds for the Revolving Loan Fund (“RLF”) capitalization grants: ...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more
The United States Environmental Protection Agency (“EPA”) has issued a November 21st document related to contaminated sediment sites titled: Sample CWA/CERCLA Memorandum of Understanding for Regions, States, Tribes, and...more
The Subcommittee on Environment of the United States House Energy and Commerce Committee has scheduled a hearing addressing the federal Comprehensive Environmental Response, Compensation, and Liability Act or Superfund...more
The United States Environmental Protection Agency (“EPA”) announced in a January 8th news release that it is awarding $71,430 to the Arkansas Department of Environmental Quality (“ADEQ”). The award is stated to be provided...more