News & Analysis as of

Remediation

Rebuilding: Construction Considerations in the Wake of Disaster

by Jackson Walker on

Southeast Texas has started to move from immediate recovery, including evacuations and draining of flood waters, to removal of water-damaged materials in homes and business and preliminary efforts to start rebuilding....more

Important Reminder about Construction Claims for Builders and Contractors

In light of the recent devastation caused by Hurricane Harvey, we want to remind area builders of the 2011 law that applies to disaster remediation contractors performing work in Texas....more

Soft Skills in Remediation: Part V – Post Resolution

by Thomas Fox on

I conclude my five-part series on the soft skills a Chief Compliance Officer (CCO) needs to employ when working through the remediation component of a potential Foreign Corrupt Practices Act (FCPA) compliance violation. I...more

Soft Skills in Remediation: Part IV – When Are You Done?

by Thomas Fox on

Today I continue a five-part series on the soft skills a Chief Compliance Officer (CCO) needs to employ when working through the remediation component of a potential Foreign Corrupt Practices Act (FCPA) compliance violation....more

Soft Skills in Remediation: Part III – Communications with Stakeholders

by Thomas Fox on

Today I continue a five-part series on the soft skills a Chief Compliance Officer (CCO) needs to employ when working through the remediation component of a potential Foreign Corrupt Practices Act (FCPA) compliance violation....more

Soft Skills in Remediation: Part II – Project Timing

by Thomas Fox on

Today, I continue a five-part series on what a Chief Compliance Officer (CCO) needs to consider when working through the remediation component of a potential Foreign Corrupt Practices Act (FCPA) compliance violation. I am...more

Day 16 of One Month to More Effective Continuous Improvement-Voluntary Monitoring

by Thomas Fox on

There are multiple areas in the Department of Justice’s Evaluation of Corporate Compliance Programs which intersect with the area of continuous improvement. In addition to Prong 9. Continuous Improvement, Periodic Testing and...more

Soft Skills in Remediation: Part I – The Gatekeepers

by Thomas Fox on

Many Chief Compliance Officers (CCOs) came to the position from the legal department, internal audit or another professional discipline. These professions are technically focused and their training provides little to no soft...more

EPA’s Task Force Recommendations to Revamp and Expedite Superfund Cleanups and Process – A Welcome Change

by Miles & Stockbridge P.C. on

While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers...more

The Kawartha Lakes Saga Continues: Oil Spills and the Dangers of DIY

by Bennett Jones LLP on

Gendron v Thompson Fuels et al provides a cautionary tale for homeowners hoping to "handle things on [their] own". In this case, the plaintiff-homeowner attempted to clean up a domestic fuel oil spill with Tupperware...more

Appellate Court Gives Water District Partial Victory

by Clark Hill PLC on

The Orange County Water District (OCWD) is a public entity established by the California Legislature and empowered to manage, replenish, regulate, and protect groundwater supplies within its boundaries. In 2004, OCWD filed an...more

Another Oil Field Contamination Plaintiff Waits Too Long

by Gray Reed & McGraw on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

De vervuiler van bodemverontreiniging betaalt niet meer? (Dutch)

by Dentons on

The polluter pays (we always thought). No, for soil contaminants that originated before 1987 (the so-called 'historical pollutants'), this point of departure does not last long. Since 2006, the Land Protection Act has entered...more

Day 7 of One Month to Better Investigations and Report-How Investigations Inform Remediation

by Thomas Fox on

There is nothing like an internal whistleblower report about a FCPA violation, the finding of such an issue or (even worse) a subpoena from the DOJ to trigger the Board of Directors and senior management attention to the...more

Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance

by Thomas Fox on

I conclude this month’s series inspired by an article in the Harvard Business Review, entitled “Does Management Really Work?” by Nicholas Brown, Raffaella Sadun and John Van Reenen. I found the article very useful because it...more

EPA Issues New Contaminated Sediments Guidance

by Williams Mullen on

Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more

EPA TechDirect Reports Availability of NanoRem Toolbox

The May 1, 2017, issue of the U.S. Environmental Protection Agency’s (EPA) TechDirect includes an item on the availability of the Taking Nanotechnological Remediation Processes from Lab Scale to End User Applications for the...more

Sally Yates’ was Already Famous for Changing the Focus of Compliance Investigations - The Yates Memorandum

by Ruder Ware on

By now the whole world knows about Sally Yates. We are likely to see a lot more of her as a central figure in Congressional investigations. For some of us who deal with compliance investigations, Sally Yates was famous long...more

Stretching Sovereign Immunity: The New Jersey High Court Immunizes the State from New Jersey Spill Act Liability for Pre-1977...

by Blank Rome LLP on

Action Item: The New Jersey Supreme Court’s decision in NL Industries, Inc. v. State of New Jersey will frustrate the equitable allocation of cleanup costs at sites involving pre-1977 discharges where the State would...more

FCPA Remediation Focus on Supervisory Personnel

by Michael Volkov on

The Justice Department’s FCPA enforcement and remediation focus on supervisory personnel is an interesting development. On the one hand, DOJ has been slow to bring individual criminal enforcement actions for FCPA...more

DOJ Announces Continuation and Ongoing Review of FCPA Pilot Program

by Latham & Watkins LLP on

The extension of the program — which emphasizes voluntary self-disclosure of FCPA violations, raises considerations for corporate entities and individual executives. The Department of Justice (DOJ) recently announced...more

Corporate Compliance Programs: US and UK Perspectives

by Dechert LLP on

In today’s regulatory environment, companies face mounting pressure from law enforcement agencies to maintain robust compliance programs to deter and detect misconduct by employees, third-party vendors and business partners....more

DOJ Announces Extension of FCPA Pilot Program

by Morgan Lewis on

The US Department of Justice plans to extend its FCPA Pilot Program, an initiative developed to encourage companies to self-report bribery violations and provide extensive cooperation in exchange for reduced penalties,...more

Oregon DEQ Pilot Program to Review Long-term Controls at Cleanup Sites

by Stoel Rives LLP on

This March the Oregon Department of Environmental Quality (“DEQ”) is launching a pilot program to take a fresh look at long-term institutional and engineering controls implemented at cleanup sites that have received No...more

EPA Issues Guidance for Characterization and Remediation of Contaminated Sediment Sites Under CERCLA

by Beveridge & Diamond PC on

In a Directive sent to Regional Administrators on January 9, 2017, the U.S. Environmental Protection Agency (“EPA”) Office of Land and Emergency Management has identified eleven recommendations intended to facilitate the...more

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