Remediation

News & Analysis as of

What Happens In Ecuador Does Not Stay In Ecuador

In last week’s decision in Chevron v. Donziger, the court enjoined the enforcement of a $9.5 billion Ecuadorian judgment against Chevron Corp. for environmental pollution, alleged to have been caused by its predecessor,...more

California Court Denies Summary Judgment on Known Conditions Exclusion

In its recent decision in Lennar Mare Island v. Steadfast Ins. Co., 2014 U.S. Dist. LEXIS 26405 (E.D. Cal. Feb. 28, 2014), the United States District Court for the Eastern District of California had occasion to consider the...more

Waste Board Amends VRP Regulations: What’s Changed?

The Virginia Waste Management Board has amended the Virginia Voluntary Remediation Program (“VRP”) regulations. The amended regulations – known as Amendment 2 – went into effect on January 29, 2014. All sites now in the VRP...more

New Law Grants Two-Year Extension to Remedial Investigation Deadline for Qualifying Parties

This is an important legal development for any company that is cleaning up an old contaminated site in New Jersey and requires more time to complete the remedial investigation. ...more

Governor Christie Signs Legislation to Extend Site Remediation Reform Act

On January 21, 2014 Governor Christie signed legislation that extends the Site Remediation Reform Act regarding the requirement for property owners with known contamination that occurred prior to 1999 to submit a Remedial...more

DOJ And SEC Award Significant Credit For Remediation During Investigation

The Justice Department and the SEC have consistently preached the importance of remediation – that is, efforts by companies to address compliance deficiencies during the pendency of an investigation. In 2013, DOJ and SEC...more

NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust...more

Contaminated but Remediated Soil and Cortese Listing Does Not Compel Preparation of EIR

As 2013 came to a close, the California court of appeal in Parker Shattuck Neighbors v. Berkeley City Council (1st Dist., Div. 4, 12/30/13, A136873) ___Cal.App.1st___, 2013, upheld the City of Berkeley’s decision not to...more

The 2013 FCPA Year In Review - Corporate Enforcement Actions

In my final post of 2013, I reviewed all of the individual Foreign Corrupt Practices Act enforcement actions which occurred in the past year. In this first post of 2014, I review all the corporate enforcement actions in 2013....more

FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions [Video]

In this episode, I review the corporate FCPA enforcement actions of 2013. ...more

CFPB Brings First Enforcement Action Involving Deferred Interest Products, Imposes Novel and Burdensome Application Requirements...

Yesterday, the Consumer Financial Protection Bureau (“CFPB”) announced a consent order with GE Capital Retail Bank and its subsidiary CareCredit (collectively “CareCredit”) related to what the CFPB alleges were unfair and...more

Monitors And Remediation

Just when you thought something was a “trend,” the Department of Justice adopts a new policy approach. This year has been a very active enforcement year – the strongest year of FCPA enforcement since 2010....more

OCC Establishes Standards For Independent Consultants Required Under Enforcement Actions

On November 12, the OCC issued Bulletin 2013-33, which establishes the standards the OCC uses when it requires banks to employ independent consultants as part of an enforcement action. The Bulletin explains that when...more

Passing the Buck: The Impact of Maryland's New Stormwater Fees on Commercial Leases

During its 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which required that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

MDEQ Seeks Public Comments On Updated Part 201 Cleanup Criteria Rules

The Michigan Department of Environmental Quality (MDEQ) is seeking public comments on proposed administrative rules updating cleanup criteria under Part 201 of the Natural Resources and Environmental Protection Act, which...more

AB 440: What does it all mean?

Earlier this month, Governor Jerry Brown signed into law AB 440 (Gatto), a bill authorizing local agencies to exercise the Polanco environmental remediation powers previously enjoyed by redevelopment agencies (RDAs) prior to...more

CERCLA Preempts State-Law Claims Arising Out Of Petroleum Contamination

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

A Powerful New Tool For Brownfield Cleanup

California cities and counties have acquired a powerful new tool to clean up contaminated “brownfields” sites. On Oct. 5, Gov. Jerry Brown signed Assembly Bill 440, legislation that gives local government agencies in the...more

New Jersey’s General Statute of Limitations Now a Defense to Spill Act Claims for Contribution

The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control...more

Florida's Brownfields Program Shows Record Participation, Provides Key Incentives for Cleanup & Redevelopment

The Florida Department of Environmental Protection (FDEP) released its annual Brownfield report this month, reporting record levels of participation in Florida's Brownfield program. Brownfields are sites with actual or...more

CFPB Offers Potential Benefits If You Turn Yourself In, But Make Sure You Understand Your Options

Brownstein Hyatt Farber Schreck’s past Client Alerts have warned that the Consumer Financial Protection Bureau’s reach touches virtually every company that has any interaction with consumers. A recent Bulletin issued by the...more

Bad Faith Sentinel - July 2013

CONTENTS - Northern District of Texas: No Bad Faith for Denying Property Damage Claim Due to Insured’s Failure to Allow Insurer More Than a Day’s Time for Inspection Prior to Insured’s Remediation - District of...more

Baltimore County Real Property Owners – Now Is the Time to Assess Your Appeal Options

In March of this year, the Baltimore County Council, as mandated by state law, enacted a bill allowing the County to collect a Stormwater Remediation Fee from all real property owners in Baltimore County....more

Ontario Divisional Court Confirms That Former Directors and Officers Must Remediate While Order Is Under Appeal

On June 19, 2013, in Baker v. Ministry of the Environment, 2013 ONSC 4142 [Baker], the Ontario Divisional Court upheld the decision of the Ontario Environmental Review Tribunal (ERT) that refused to stay a Director’s order...more

How to Be a Good Corporate Citizen CFPB Style

On June 25, 2013, the Consumer Financial Protection Bureau (CFPB) issued Bulletin 2013-06 identifying “responsible business conduct” that may impact the exercise of its “enforcement discretion.” The Bulletin specifies the...more

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