News & Analysis as of

Waste Disposal Hazardous Substances

Nossaman LLP

Fourth Circuit Unanimously Declines to Rehear Ruling Upholding Strict Liability for Arrangers Under CERCLA

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On July 23, the U.S. Court of Appeals for the Fourth Circuit denied a petition for rehearing in 68th Street Site Work Group v. Alban Tractor Co., Inc., et al., 4th Cir., No. 23-01155, declining the opportunity to potentially...more

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

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The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more

Troutman Pepper

Massachusetts AG Sues Over Allegedly Mishandled Asbestos Debris From Decommissioned Power Station

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On February 14, Massachusetts Attorney General (AG) Andrea Joy Campbell filed a civil lawsuit against Holtec Decommissioning International LLC and its affiliate Holtec Pilgrim LLC (Holtec), alleging the improper handling of...more

K&L Gates LLP

EPA and States Get Busy on PFAS Waste Regulation

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The Biden administration has prioritized regulating Per- and Polyfluoroalkyl Substances (PFAS), which are a class of fluorinated chemicals used in products as varied as food packaging and fire-fighting foams because they are...more

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

Bankruptcy/CERCLA(Superfund): Federal Court Addresses Whether Chapter 11 Discharge Nullifies Contribution Action

A United States District Court (D. Maryland) (“Court”) addressed in a October 12th Opinion whether a Chapter 11 bankruptcy discharge barred a Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)...more

(ACOEL) | American College of Environmental...

Ohio District Court Confirms its Ruling That CERCLA Does Not Apply to Disposal of A “Naturally Occurring” Hazardous Substance

Finally, there is a substance that, when sent to a CERCLA Superfund Site, does not subject a party to liability. Many of us grew up in the environmental field understanding that anything sent to a site subjects a party to...more

Nossaman LLP

Podcast: CERCLA at 40: The Monster That Often Eats the Village

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Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began...more

K&L Gates LLP

PFAS - EPA Interim Guidance on How to Say Goodbye to Your "Forever Chemicals"

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In response to Congressional direction in the National Defense Authorization Act for Fiscal Year 2020, Public Law No: 116-92, on 18 December 2020, the Environmental Protection Agency (EPA) issued “Interim Guidance on the...more

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

Resource Conservation and Recovery Act/Hazardous Waste Disposal: Federal District Court Addresses United States Challenge to Scope...

The United States District Court for the District of New Mexico (“Court”) in a March 31st Order addressed a dispute regarding a state-issued hazardous waste disposal permit. See United States v. N.M. Env’t Dep’t, No. CV 19-46...more

BCLP

PFAS Bill Passes House Committee

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On November 20, 2019, the “PFAS Action Act of 2019” (H.R. 535) (the “PFAS Bill”) passed the House Committee on Energy and Commerce. The PFAS Bill, eighteen subchapters long, says a great deal: most importantly, one year after...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - April 2019

California Readies for Statewide Extended Producer Responsibility for Pharma Waste - The sale of needles (sharps) and pharmaceutical drugs in California is estimated to be on the order of $50 billion per year. Significant...more

Manatt, Phelps & Phillips, LLP

California Readies for Statewide Extended Producer Responsibility for Pharma Waste

The sale of needles (sharps) and pharmaceutical drugs in California is estimated to be on the order of $50 billion per year. Significant concerns have been raised about adverse impacts of wastes generated from the use of...more

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

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Union County, Arkansas Chemical Manufacturing...

The Arkansas Department of Environmental Quality (“ADEQ”) and The Chemours Company FC, LLC (“Chemours”) entered into a December 8th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution...more

Robinson+Cole Manufacturing Law Blog

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

Burr & Forman

New Year Brings New Coal Ash Regulations and New Legislative Proposals

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December 19, 2014 marked the deadline for the Environmental Protection Agency (EPA) to announce its final decision regarding a new regulatory scheme for coal ash disposal (Coal Combustion Residuals or CCR). The new...more

BakerHostetler

EPA Significantly Revises Regulations Affecting Hazardous Materials Recyclers

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On December 10, 2014, EPA released a prepublication version of its long-awaited final rule revising regulations affecting hazardous materials recyclers under the Resource Conservation and Recovery Act (“RCRA”). The rule,...more

McDermott Will & Emery

Hazardous Waste Recycling Regulations – the Latest Chapter

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“A long time ago in a [May 19, 1980 Federal Register] far, far away [or so it seems],” the U.S. Environmental Protection Agency (EPA) declared its authority to regulate all hazardous secondary material, whether discarded or...more

Pierce Atwood LLP

EPA Rewrites Hazardous Waste Recycling Rules (Again)

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The U.S. EPA recycling rules for “hazardous secondary materials” have been like the mathematical word problems you wanted to avoid on the algebra test: complicated and mind-bending. But what wastes are exempted from...more

Pierce Atwood LLP

Maine DEP Proposes Hazardous Waste Rule Changes

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Last week, the Maine Department of Environmental Protection (“DEP”) announced a proposal to amend its Hazardous Waste rules to allow certain paints to be managed as universal waste. While the proposed rules may appear...more

Robinson & Cole LLP

Cleaning House? – Environmental Issues to Consider

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While spring is typically the time of year we think of for cleaning, I find fall a good time to do it. I probably never got over the feeling of new beginnings that come with fall and school starting. So, as I was cleaning my...more

Farella Braun + Martel LLP

RCRA Developments - What’s Hot, What’s Simmering?

EPA’s efforts to regulate certain types of wastes as hazardous wastes -- some decades in the making -- are starting to see the light of day. Ranging from “very hot” to “simmering,” a number of EPA’s rules under the Resource...more

Dickinson Wright

The Academic Laboratory Exception

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Part One: Determining Eligibility - The federal Resource Conservation and Recovery Act, usually referred to as “RCRA”, governs the storage and disposal of hazardous waste, including hazardous medical waste. In addition...more

Morgan Lewis

Court Holds Reused Water and Condensate Are Not RCRA Solid or Hazardous Waste

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U.S. district court rules that coke oven gas condensate is not subject to federal waste rules when reintroduced into the coke-making process....more

Foley Hoag LLP - Environmental Law

Sale of a Usable Waste Defense — Another Instance of the Unstated Rule of CERCLA Liability

Extending its string of CERCLA PCB losses in the Midwest, NCR Corporation was recently found liable for contribution based on its sale of waste scrap from its manufacture of carbonless copy paper in Michigan. In...more

Allen Matkins

California Environmental Law and Policy Update - September 27, 2013

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Environmental and Policy Focus - Governor Brown signs bill to regulate hydraulic fracturing in California: Reuters - Sep 20 -- California's first legislatively-mandated regulations on hydraulic fracturing and related...more

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