News & Analysis as of

Storage Tanks Contamination

Bradley Arant Boult Cummings LLP

District Court Decision Highlights Importance of Prompt Notice of Claim

The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

94th Arkansas General Assembly/Petroleum Storage Tank Trust Fund: Senate/House of Representatives Enact Legislation Increasing...

The Arkansas State Senate and House of Representatives have passed legislation (HB1520) which would raise the limit for payment for corrective action per occurrence pursuant to the Arkansas Petroleum Storage Tank Trust Fund...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Used Oil Enforcement: Alabama Department of Environmental Management Announces Enforcement Action Against Trussville Transporter

The Alabama Department of Environmental Management (“ADEM”) stated it has issued a Notice of Violation (“NOV”) to Alabama Oil & Gas Recovery, Inc. (“Alabama Oil”). Alabama Oil is described as a former used oil...more

Cozen O'Connor

AG Bonta Fines Safeway for Gasoline Storage Tank Violations in California

Cozen O'Connor on

California AG Rob Bonta, along with five district attorneys, reached a settlement with the supermarket chain Safeway to resolve allegations that Safeway violated the California Health and Safety Code and state environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Fuel Tank/Leasehold Contamination: Mississippi Appellate Court Addresses Liability Question

The Mississippi Court of Appeals addressed in a May 31st opinion a dispute over responsibility for environmental contamination between a lessor and a lessee. See Biloxi Dock & Ice, LLC v. Back Bay Fuel and Ice, LLC, 2022 WL...more

Williams Mullen

Containment Area Releases and the Limits of CERCLA Release Reporting Obligations

Williams Mullen on

Manufacturing facilities commonly store various chemical substances in aboveground storage tanks. Most facilities ensure chemical storage areas are equipped with proper secondary containment measures to prevent releases of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Used Oil/Aboveground Storage Tank Enforcement: Illinois Attorney General Action Against Delaware-Based Environmental Services Firm

The Illinois Attorney General (“AG”) announced in a February 14th news release that a lawsuit had been filed against Delaware-based GFL Environmental Services USA Inc. (“GFL”) in regards to an alleged 200,000 gallon leak of...more

Beveridge & Diamond PC

New Jersey Supreme Court Reaffirms Restatement Approach to Nuisance, Trespass

Beveridge & Diamond PC on

In a ruling that further delineates the threshold for maintaining private nuisance and trespass claims in New Jersey, the state’s highest court held that defendant landowners were not liable for contamination to neighboring...more

Spilman Thomas & Battle, PLLC

Aboveground Storage Tank Act Interpretive Rule

This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent...more

Sheppard Mullin Richter & Hampton LLP

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

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