Superfund, EPA | JD Supra Law News

California Environmental Law and Policy Update - March 22, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 3/25/2013

In This Issue: Environmental and Policy Focus - U.S. top court rules for timber industry over road runoff; U.S. Supreme Court grants review of plan by forest service to manage Sierra Nevada; Federal Appeals Court...more

EPA Releases Proposed Cleanup Plan for Lower Duwamish Waterway

by Ame Wellman Lewis | Davis Wright Tremaine LLP on 3/1/2013

Yesterday, EPA released a proposed plan for cleanup of the Lower Duwamish Waterway Superfund Site. The release kicks off the 105-day public comment period. EPA estimates that the cleanup will cost $305 million....more

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

by Thomas Hogan, Christopher Marraro | BakerHostetler on 2/18/2013

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 2/8/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

Solar Array For Grand Rapids Superfund Site?!

by Bruce Goodman | Varnum LLP on 2/6/2013

The United States Environmental Protection Agency has awarded a grant to the City of Grand Rapids to do a feasibility study for a solar array at a former superfund site. The Butterworth Landfill was an unlined, 60 acre...more

Should Tenants Worry About Environmental Liabilities For Their Leased Property?

by Mark E. Beliveau, Kenneth Gray | Pierce Atwood LLP on 1/23/2013

By 2013, most property owners have heard of the advantages of performing environmental due diligence and conducting “All Appropriate Inquiry” by obtaining an Environmental Site Assessment before purchase. Doing so is key to...more

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 1/16/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more

Brownfield Tenants Gain CERCLA Liability Protection

by Bruce Flushman | Wendel, Rosen, Black & Dean LLP on 1/15/2013

Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the EPA...more

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

by Ronald Farley | Burr & Forman on 1/11/2013

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

New Liability Protection For Tenants On Brownfield Properties

by Jane Luxton | Pepper Hamilton LLP on 1/9/2013

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more

EPA Revises Guidance On Bona Fide Prospective Purchaser Protection For Tenants Under Federal Superfund Law

by Lucas Narducci | Polsinelli on 1/5/2013

On December 5, 2012, the United States Environmental Protection Agency (EPA) revised its enforcement guidance regarding when tenants may be treated as bona fide prospective purchasers (BFPPs). The revised guidance addresses...more

EPA Issues New Superfund Guidance

by Natalie Reed | Greenberg Glusker Fields Claman & Machtinger... on 12/1/2012

Settlement plays a fundamental role in the Environmental Protection Agency’s (“EPA”) Superfund enforcement program. Potentially Responsible Parties (“PRPs”) seeking to resolve their liability through the settlement process...more

Energy and Environmental Law Alert: Federal Court Rejects Attempt to Amend $700 Million Cleanup Remedy in Wisconsin

by Leonard, Street and Deinard on 11/29/2012

On November 21, 2012, a federal court in Wisconsin refused to allow a group of defendants to force the EPA to formally amend a cleanup remedy issued under the federal Superfund law to allow for a $269 million cost increase....more

Superfund Meets the Reality of Climate Change

by Foley Hoag LLP - Environmental Law on 11/6/2012

What happens when Superfund runs headlong into Mother Nature? Hurricane Sandy provides a vivid answer. As the NY Times reports today, Hurricane Sandy had a significant impact on the Gowanus Canal Superfund Site in Brooklyn,...more

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