News & Analysis as of

Environmental Claims Contamination

Integral Consulting Inc.

Considering Environmental Justice in Natural Resource Damage Assessment

January 27, 2022 was the one-year anniversary of President Biden’s announcing his Justice40 program as part of his approach to building environmental justice (EJ) broadly into decision-making.  In December EPA announced it...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Finds District Court Sharply Deviated from Existing Authority on CERCLA Cleanup Costs Between Military Contractor...

TDY Holdings v. United States, et al., 872 F.3d 1004 (9th Cir. 2017) - TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government...more

Troutman Pepper

Environmental Claims: The Gift That Keeps On Giving

Troutman Pepper on

Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) – A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Time-Barred Claim . . . Or Is It? Supreme Court Agrees To Review Fourth Circuit State Statute of Repose Case

As reported on the Ogletree Deakins Environmental Law blog in July of 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or...more

Miller Starr Regalia

First District “Doubts” CEQA Operates In Reverse, Upholds Mitigated Negative Declaration For Urban Infill Project Despite Soil and...

Miller Starr Regalia on

In an opinion recently ordered published, the First District Court of Appeal extensively reviewed the relevant case law and expressed skepticism that CEQA would operate in reverse to require analysis of potential impacts on a...more

BakerHostetler

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

BakerHostetler on

In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more

Buchalter

Ninth Circuit Opinion Highlights Vapor Intrusion Risks and Challenges Faced by Brownfields Developers and Their Lenders

Buchalter on

A recent ruling by the United States Court of Appeals for the Ninth Circuit illustrates the challenges faced by developers of contaminated properties and their lenders, as well as the extraordinary risks associated with...more

Allen Matkins

California Environmental Law and Policy Update - July 25, 2013

Allen Matkins on

Environmental and Policy Focus: Interior Chief defends federal hydraulic fracturing regulations -- Bloomberg - Jul 18: Interior Secretary Sally Jewell drew on her experience as a former oil-industry engineer to defend...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

At Long Last . . . EPA Announces Rule on Industrial Solvent-Contaminated Wipes

On July 22, 2013, the U.S. Environmental Protection Agency (EPA) announced that it had finalized a rule revising the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused,...more

Polsinelli

Missouri To Pilot Reforms To Corrective Action Clean-Up Program

Polsinelli on

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

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