News & Analysis as of

Remediation Contaminated Properties

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

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

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 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

Environmental Notes - December 2016

by Williams Mullen on

The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

Wash Those Sediments Right Outta Your RAO! NJDEP Releases New RAO Notice

by Cole Schotz on

Last week, the New Jersey Department of Environmental Protection (NJDEP) announced a new Response Action Outcome (RAO) Notice, which allows Licensed Site Remediation Professionals (LSRPs) to issue an RAO for a site with...more

Focus on China - October 2015

by McDermott Will & Emery on

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

Buyers Must Soon Comply With New Environmental Due Diligence Standard

by Faegre Baker Daniels on

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

by Blank Rome LLP on

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

California Environmental Law & Policy Update - August 2015 #3

by Allen Matkins on

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

Winn Everett's Environmental Virtues Are Yin to the Yang of Casino Profits

by PretiFlaherty on

The site in Everett where Steve Winn wants to build a resort/destination casino at a cost of more than a billion dollars has got to be the most run-down, contaminated, crummy looking oceanfront properties in Greater Boston. ...more

Seeing Green: New York’s Reformed Brownfields Cleanup Program Creates Opportunities for Redevelopment to Generate Refundable Tax...

by McDermott Will & Emery on

Now is the time to begin brownfield redevelopment projects in the State of New York. Reauthorization of and reforms to New York’s Brownfields Cleanup Program, which provides tax credits to redevelop contaminated properties,...more

New York Court Enforces Voluntary Payment Provision

In its recent decision in SI Venture Holdings, LLC v. Catlin Specialty Insurance, 2015 U.S. Dist. LEXIS 89925 (S.D.N.Y. July 10, 2015), the United States District Court for the Southern District of New York had occasion to...more

South Carolina Court Limits CERCLA Remedies

by Williams Mullen on

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

by Robinson & Cole LLP on

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

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

by Blank Rome LLP on

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

Ninth Circuit Widens Judges’ Discretion to Allocate CERCLA Contribution Damages

by Morgan Lewis on

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

Fifth Circuit Relieves Company of "Arranger" Liability under CERCLA

by Morgan Lewis on

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

by Cole Schotz on

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

by Beveridge & Diamond PC on

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

by Dickinson Wright on

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

40 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.