On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No. 11-1662 (4th Cir. April 4, 2013) (Ashley II).
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
To settle an enforcement action by the U.S. Environmental Protection Agency (“EPA”) and the State of Washington (“State”), King County and the City of Seattle have agreed to complete major upgrades to their local sewage and...more
The Environmental Protection Agency (EPA) has released and is seeking comments on draft general guidance on methods of addressing indoor vapor intrusion (VI) from contaminated soil and groundwater plumes (Draft VI Guidance)...more
The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading for Superfund lawyers. The facts in the case are worthy of a law school law...more
In January, we reported on developments in Wiseman Oil Co. v. TIG Insurance, a case pending in the United States District Court for the Western District of Pennsylvania involving interpretation of the "pollution exclusions"...more
Originally Published in Law360 on March 28, 2013.
Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...more
In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of...more
In February 2013, Justice Green of the Ontario Court of Justice held that sunlight reflected from a building can be considered a contaminant under the Ontario Environmental Protection Act (EPA). Justice Green’s ruling, while...more
A recent decision by a federal court in the Central District of California found the United States liable for 40% of the response costs related to contamination from the manufacture of ammunition and rocket motors for the...more
In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response costs to its policyholder had no subrogation rights against the potentially...more
The Remedial Action Guidelines (RAGs) are useful – if conservative – default cleanup guidelines used by the Maine Department of Environmental Protection (DEP). DEP proposed changes in 2012, and has just proposed changes...more
The following post is provided by our guest author, Graham Crockford from TRC Environmental Corporation.
Trichloroethene (TCE) has been produced commercially since the 1920s and was commonly used by manufacturing...more
I recently “googled” the word “fracking” and got back 14,900,000 hits. Every few days you can find an article in a major newspaper or magazine alerting the public to the potential threat to drinking water or harm to the...more
Yesterday, EPA released a proposed plan for cleanup of the Lower Duwamish Waterway Superfund Site. The release kicks off the 105-day public comment period.
EPA estimates that the cleanup will cost $305 million....more
People in the United States have likely been reading with horror about the budding scandal across Northern Europe regarding the discovery of horse meat in several different consumer products that were marketed as beef. The...more
In its recent decision in United Fire & Casualty Co. v. Titan Contractors Service, Inc., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013), the United States District Court for the Eastern District of Missouri, applying...more
A compounding pharmacy in Massachusetts has been linked to the outbreak of a rare form of fungal meningitis caused by contamination of steroid injections commonly used for back and neck pain...more
In 2008, the U.S. Environmental Protection Agency (USEPA) began investigating claims of groundwater contamination in private drinking water wells in and around Pavillion, Wyoming....more
On December 5, 2012, EPA issued new guidance discussing the potential applicability of the bona fide prospective purchaser (BFPP) protection to tenants....more
In This Issue:
Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more
In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more
Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more
In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more
On December 5, 2012, the United States Environmental Protection Agency (EPA) revised its enforcement guidance regarding when tenants may be treated as bona fide prospective purchasers (BFPPs). The revised guidance addresses...more
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