The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal...more
The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal...more
11/30/2020
/ Atomic Energy Act ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Contaminated Properties ,
Defense Strategies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Pollution Exclusion ,
Site Remediation ,
Superfund
With its imposition of strict, joint and several, and retroactive liability, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund statute, has raised...more
The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund law, has been used successfully to clean up abandoned industrial sites across the country....more
In late March 2020, as many states adopted responses to the coronavirus pandemic that either encouraged or mandated “work from home” practices, U.S. EPA and other environmental regulators developed temporary enforcement...more
On June 1, 2020, the U.S. Environmental Protection Agency finalized a regulation intended to reduce the ability of individual states, Native American tribes or interstate regulatory agencies to veto federal permits for...more
6/11/2020
/ Certification Requirements ,
Clean Water Act ,
Energy Projects ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Navigable Waters ,
New Rules ,
Pipelines ,
Section 401 ,
States Rights ,
Tribal Lands
In January 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (USACE) finalized a regulation that narrowed the scope of their regulatory jurisdiction under the Clean Water Act.
In doing so,...more
In memos dated March 31 and April 13, 2020, Corey Ellis, Acting Director of the U.S. Department of Justice’s (DOJ’s) Executive Office for United States Attorneys, temporarily suspended civil penalty payments, including...more
As Benesch previously reported, U.S. EPA issued guidance entitled, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program” on March 26, 2020. The memorandum expressed U.S. EPA’s general intention to...more
As the effects of the COVID-19 pandemic spread, and as state and local governments impose work and travel restrictions designed to limit that spread, U.S. EPA and state regulators are being forced to confront their own...more