News & Analysis as of

RCRA

Ninth Circuit Addresses Finality Requirements for CERCLA Contribution Actions

by Davis Wright Tremaine LLP on

The Ninth Circuit Court of Appeals revived a contribution action under CERCLA, and in the course of ruling, it addressed three issues of first impression in the Circuit regarding contribution litigation under CERCLA. Asarco,...more

Ninth Circuit Clarifies Three Issues of First Impression for Parties in CERCLA Contribution Actions

by Nossaman LLP on

In Asarco LLC v. Atlantic Richfield Company, No. 14-35723 (9th Cir. Aug. 10, 2017), the United States Court of Appeals for the Ninth Circuit issued a published opinion interpreting the statute of limitations for contribution...more

Can a RCRA Settlement Also Be Used as a Basis for a CERCLA Contribution Action?

On August 10, the U.S. Court of Appeals for the Ninth Circuit decided the case of ASARCO LLC v. Atlantic Richfield Company, which involves the ongoing liability to clean up the East Helena Superfund Site, located “in and...more

RCRA Corrective Action Liability: Can it be Imposed on a Company that Never Owned or Operated the Facility?

by Williams Mullen on

The North Carolina Court of Appeals recently issued a ruling that will have a significant impact on business transactions involving property subject to a permit or corrective action obligations under the Resource Conservation...more

D.C. Circuit Court Limits EPA’s Sham Recycling Rule

by Williams Mullen on

The United States Court of Appeals for the District of Columbia Circuit recently rejected portions of an EPA rule designed to distinguish true recycling from “sham recycling” under the Resource Conservation and Recovery Act...more

Less Waste, More Recycling - The D.C. Circuit Cleans Up EPA’s Definition of Solid Waste

by K&L Gates LLP on

The U.S. Court of Appeals for the D.C. Circuit recently issued a decision that may be of interest to recyclers and others who generate or handle materials for recycling and reclamation. On July 7, 2017, in American Petroleum...more

Federal Court in Oklahoma Rules that CERCLA Violation Is Not Negligence Per Se

by Freeborn & Peters LLP on

A federal district court in Oklahoma has held that CERCLA may not be used as a regulatory standard to state a claim for negligence per se. The plaintiffs in Bristow First Assembly of God, et al. v. BP, p.l.c., et al., N.D....more

Dumping the Dump

by Clark Hill PLC on

We’ve all heard that we are a consumer nation. That is true and it’s not a bad thing. We are also a disposal nation. When we buy stuff, we throw stuff out. This includes Xboxes, new faucets, pencils, sheets, toothpaste…you...more

Court Tosses RCRA Verified Recycler Exclusion but Retains Balance of Definition of Solid Waste Rule

by Bergeson & Campbell, P.C. on

On July 7, 2017, the U.S. Court of Appeals for the D.C. Circuit found “unreasonable,” and thus threw out, the “verified recycler” exclusion promulgated by the U.S. Environmental Protection Agency (EPA) in its 2015 revisions...more

Court Overturns Much of EPA’s 2015 Definition of Solid Waste Rule

by Hogan Lovells on

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit dealt EPA another blow to its over-zealous attempts to regulate as hazardous waste the hazardous secondary materials (HSM) that are...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Releases Final Test Guideline For Performance Against Bed Bugs: On June 14, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of a final test guideline, Laboratory Product...more

D.C. Circuit Invalidates Part of the RCRA Definition of “Solid Waste,” Altering the Regulatory Framework for Recycling of...

by Beveridge & Diamond PC on

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or the “Court”) issued a decision invalidating two key elements of the regulatory definition of solid waste under the Resource...more

D.C. Circuit Vacates Portions of EPA's Definition of Solid Waste Rule

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) vacated portions of the U.S. Environmental Protection Agency's (EPA) 2015 rule on the Definition of Solid Waste (the...more

DC Court of Appeals Rules on EPA’s Latest Effort to Regulate Recycling of Hazardous Secondary Materials

The first Resource Conservation and Recovery Act ( RCRA) solid waste definitional decision, the celebrated American Mining Congress v. EPA case, was decided exactly 30 years ago, and it reverberates to this day. In...more

RCRA Hazardous Waste Generator Improvements Rule Becomes Effective

On May 30, 2017, the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Generator Improvements Rule became effective. 81 Fed. Reg. 85732 (Nov. 28, 2016). The rule will not become effective in RCRA-authorized...more

Wrap-Up of Federal and State Chemical Regulatory Developments, June 2017

by Bergeson & Campbell, P.C. on

Join the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health on June 27, 2017, for a day-long conference exploring the federal government’s implementation of the...more

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

by Pepper Hamilton LLP on

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more

Post-Closure Involvement at Hazardous Waste Disposal Facility Found to be Grounds for “Operator” Liability Under RCRA

by Freeborn & Peters LLP on

A North Carolina appeals court has ruled that a company may be an “operator” of a hazardous waste disposal facility under RCRA Subtitle C based solely on post-closure involvement at the site. The case, WASCO LLC v. N.C....more

A Development in Earthquakes and Fracking

by Gray Reed & McGraw on

Sierra Club v. Chesapeake Operating LLC et al is news more shocking than “Man Bites Dog”! A federal court has acknowledged that others are better equipped to address certain issues than the judiciary!...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others,...more

RCRA Update: New Hazardous Waste Generator Rule Goes Into Effect in May 2017

EPA’s final Hazardous Waste Generator Improvements Rule (“Rule”), which goes into effect on May 30, 2017, contains approximately 60 revisions to the hazardous waste generator regulatory program. The revisions focus on...more

District Court Invokes Burford Abstention and Primary Jurisdiction Doctrines to Dismiss RCRA Citizen Suit

The U.S. District Court for the Western District of Oklahoma has dismissed the Sierra Club’s Resource Conservation and Recovery Act (RCRA) citizen suit, filed against several oil and gas producers seeking declaratory and...more

Landfill Expansion Project Halted by MassDEP

by Beveridge & Diamond PC on

Company Settles MassDEP enforcement case, Reaches Agreement with MassDEP to split $10 Million Cost to Construct Drinking Water Line and Receives Notice of Intent to Sue from Environmental Groups - A proposal to expand...more

Recent PFAS Case Law – RCRA, CERCLA and Toxic Tort Claims

by Beveridge & Diamond PC on

A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging...more

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials,” Bloomberg...more

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