Remediation

News & Analysis as of

Environmental Litigation, Compliance and Transactional Costs to Increase as a Result of EPA’s New Vapor Intrusion Guidance

Action Item: Vapor intrusion has been a primary concern of state and federal environmental agencies for the past decade, and, accordingly, remedial actions have included vapor migration and intrusion as an exposure pathway....more

EPA Takes Positions on Vapor Intrusion

In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion. First, it announced it had submitted a draft rule to the White House OMB seeking to...more

A Year After Waldburger, Are Lower Courts Ready to Dump CERCLA's Broad Remedial Purpose?

In the Winter 2015 issue of the ABA’s Natural Resources & Environment magazine, John Barkett retraced the Supreme Court’s treatment of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)...more

The Costs and Risks of Corruption: Impacts beyond the Bribe

Anti-corruption news often revolves around the costly criminal and civil enforcement penalties paid by companies caught in corruption scandals. In the U.S., those costs often reach the hundreds of millions of dollars and are...more

South Carolina Court Limits CERCLA Remedies

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

Superfund Divisibility Defense Gets New Life

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection...more

Damage Control: After an Insider Breach

In the immediate aftermath of a major security or data breach companies should re-evaluate their risk management systems. In a previous post on insider threats, we outline what a company can do to prevent risks associated...more

PRP in CERCLA Enforcement Action Saves Millions of Dollars with Successful Divisibility Defense

Action Item: On March 15, 2015, the United States District Court for the Eastern District of Wisconsin in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015), held that a potentially responsible party (“PRP”) at...more

Is There Any End to Post-Closure Care Under RCRA?

Late last month EPA issued draft guidance on adjusting post-closure periods under RCRA. It’s not good news. ...more

Senn Interview, Part III – Post Incident Remediation

I conclude my three-part series based upon my podcast interview of noted white-collar defense lawyer and Foreign Corrupt Practices Act (FCPA) practitioner Mara Senn, a partner at Arnold & Porter LLP. In Part I, I considered...more

Stormwater Alert: Maryland Fee Program No Longer Mandatory

In April 2015, the Maryland General Assembly enacted a law – known as SB 863 – that substantially amended legislation enacted in 2012 requiring each of the 10 most populous jurisdictions in Maryland to establish an annual...more

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). ...more

Ninth Circuit Widens Judges’ Discretion to Allocate CERCLA Contribution Damages

Trial court may select the method of accounting for prior settlement in allocating response costs among liable parties, but claims to recover settlement payments are limited to costs consistent with the National Contingency...more

Minnie Minoso Broke Barriers; Goodyear Pushes Compliance Forward

Yesterday we celebrated the hard-nosed playing style of Anthony Mason, who recently passed away. Today we honor a true pioneer in professional baseball, Minnie Minoso, or Mr. White Sox. Minoso was the first black Cuban to...more

Scanning The Post-Burlington Northern CERCLA Landscape

Since the U.S. Supreme Court issued its landmark decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), holding that a party must “take intentional steps to dispose of a hazardous...more

Fifth Circuit Relieves Company of "Arranger" Liability under CERCLA

In Vine Street LLC v. Borg Warner Corp., No. 07-40440, the Fifth Circuit held that, in light of the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), BorgWarner...more

New Jersey High Court Rejects Application of Six-Year Statute of Limitations to Spill Act Private Contribution Claims for...

In Morristown Associates v. Grant Oil Co., the New Jersey Supreme Court unanimously ruled that a six-year statute of limitations does not apply to private claims for contribution of costs incurred to remediate contaminated...more

Environmental News Flash: New Jersey Supreme Court Rules That Six-Year Statute Of Limitations Does Not Apply To Spill Act Claims

In a much anticipated decision, the New Jersey Supreme Court ruled yesterday in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property is not applicable to Spill...more

A Municipal Ordinance Requiring Registration and Maintenance of Vacant or Foreclosed Properties Preempted under Chapter 21E

A municipal ordinance imposing registration and maintenance obligations upon owners and secured lenders of buildings that are vacant or undergoing foreclosure was preempted by the Massachusetts remediation and clean-up...more

Part 201 Revisions – Streamlining the Pathways to Closure

On January 10, 2015, Governor Snyder signed SB 891 into law, enacting revisions to Part 201 of the Natural Resources and Environmental Protection Act ("Part 201), Michigan’s environmental remediation law. The revisions cover...more

Model Remedies Under Washington’s Model Toxic Control Act – A Modest First Step for Impacted Soil Sites

In December 2014, the Washington Department of Ecology (“Ecology”) issued a white paper discussing the status of its work toward developing “model remedies.” In 2013, the Washington Legislature directed Ecology to establish...more

Environment 2015: Contamination and Waste Management Issues

This year is sure to bring a number of significant changes in the areas of waste management and cleanup, vapor intrusion, due diligence and issues related to real estate purchases. ...more

Illinois Supreme Court Debates Retroactive Application of Landfill Cleanup Statute

In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of older...more

Flemish Soil Clean-Up Rules Amendments Enter Into Force

By virtue of the Statute dated 28 March 2014 (the Statute of 2014), the Flemish Government decided to amend the existing Soil Statute of 27 October 2006 (the Statute of 2006). The modifications were published in the Official...more

“Rip & Run” Asbestos Abatement Not Taken Lightly By the U.S. Government

On November 12, 2014, the U.S. Court of Appeals, Second Circuit, ruled on the Northern District of New York’s sentencing of an air monitoring contractor criminally prosecuted for “rip & run” asbestos abatement projects, i.e.,...more

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