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Good Samaritan Remediation of Abandoned Hardrock Mines Act: U.S. Senate Environment & Public Works Committee Advances Legislation

The United States Senate Environment & Public Works Committee (“Committee”) has moved to the full Senate legislation titled: Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (“Mines Act”)...more

Cleanup and Technical Assistance/Brownfields: U.S. Environmental Protection Agency Announces $3 Million in Funding (Including...

The United States Environmental Protection Agency (“EPA”) announced in a May 25th news release that it is providing $215 million to expedite the assessment and cleanup of Brownfield sites....more

Superfund/CERCLA: Federal Appellate Court Addresses Allocation of Cleanup Costs

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a January 31st Opinion a dispute between two Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund or...more

Property Redevelopment/Environmental Remediation: Massachusetts Appellate Court Addresses Approval Right

The Appeals Court of Massachusetts addressed in a November 3rd opinion an issue arising out of environmental remediation associated with a property redevelopment project. See Starr Cap. Partners, LLC v. Toll Bros., Inc., 101...more

CERCLA/Superfund Cost Recovery: U.S. Environmental Protection Agency and Seven Potentially Responsible Parties Enter into Consent...

The United States Department of Justice (“DOJ”) and seven Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) potentially responsible parties (“PRPs”) entered into a May 20th Consent Decree...more

Brownfield Redevelopment: Tennessee Department of Environment and Conservation Executes Voluntary Agreement Addressing Nashville...

The Tennessee Department of Environment and Conservation Division of Remediation (“TDEC”) and Germantown JV, LLC (“Germantown”) entered into a January 12th Brownfield Voluntary Agreement (“BVA”). The BVA addresses a...more

RCRA Citizen Suit: Federal District Court Addresses Scope of Term "Removal"

The United States Federal District Court (E.D. Louisiana) (“Court”) addressed in a November 5th Order an issue arising out of a federal Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Residents of...more

CERCLA/Superfund: U.S. Supreme Court Addresses State Court Jurisdiction/Restoration Plan Issues

The United States Supreme Court (“SCT”) addressed in an April 20th Opinion two issues arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA or Superfund”) that include...more

U.S. Environmental Protection Agency Underground Storage Tank Compendium/Correspondence: ASTM Visual Sump Pump Test Standard...

The Petroleum Marketers Association (“PMAA”) publication Weekly Review published a March 26th article addressing a new ASTM Standard for spill bucket and sump testing. Spill bucket and sump testing is required by 40 C.F.R. §...more

Brownfields: U.S. Environmental Protection Agency Public Notices Availability of Funding

The United States Environmental Protection Agency (“EPA”) published a March 9th Federal Register Notice referencing the availability of additional funding for brownfields. See 85 Fed. Reg. 13647. EPA states that it is...more

Cobalt Contamination/Leased Facility: Federal District Court Addresses Motion to Dismiss Cost Recovery Action

The United States District Court for the Northern District of California (“Court”) addressed in a November 18th Order a cost recovery action involving cobalt contamination. See Quantum Labs, Inc. v. Maxim Integrated Prods....more

Superfund Site Assessment Program Toolbox: ASTSWMO Site Assessment Focus Group Report

The Association of States and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a September 2019 report addressing certain Comprehensive Environmental Response, Compensation, and Liability Act (i.e., Superfund)...more

Optimizing for Post Construction Phase of Superfund Sites: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a presentation titled: Optimizing for the Post Construction Phase of Superfund Sites (“Presentation”)...more

Superfund Site Visits - Verification of the Effectiveness of Institutional Controls: U.S. EPA office of Inspector General Project...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a project notification dated September 20th titled: Superfund Site Visits – Verification of the Effectiveness of...more

Superfund/CERCLA: U.S. Environmental Protection Agency Issues Task Force Final Report

The United States Environmental Protection Agency (‘EPA”) issued a “Final Report” from its Comprehensive Environmental Response, Compensation, and Liability Act/Superfund Task Force (“Task Force”). EPA had commissioned a...more

Property Tax Valuation: Wisconsin Appellate Court Addresses Impact of Environmental Contamination

A Wisconsin Court of Appeals (“Court”) addressed in an August 27th opinion an issue involving the impact of environmental contamination on the tax valuation of a parcel of real property. See State of Wisconsin ex rel Ronald...more

Commercial Dry Cleaners: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Facility Enter into Elective...

The Arkansas Department of Environmental Quality (“ADEQ”) and Oak Forest Cleaners and Laundry, Inc. (“Oak Forest”) entered into a July 18th Elective Site Clean-Up Agreement (“ESCA”). See LIS No. 19-065. The ESCA addresses...more

Rider/Real Property Contract: New Jersey Appellate Court Addresses Whether Seller Must Undertake Groundwater Remediation

The Superior Court of New Jersey – Appellate Division (“Appellate Court”) addressed in a June 10th opinion whether a rider to a real estate contract requiring the Seller to undertake certain environmental remediation was...more

Property Access/Superfund: U.S. District Court (W.D. Washington) Addresses U.S. Environmental Protection Agency's Request to...

A United States District Court (Western District of Washington) addressed the United States Environmental Protection Agency’s (“EPA”) request for access to real property in King County, Washington to undertake certain...more

Metal Parts Electroplating Facility: Arkansas Department Of Environmental Quality and Nashville, Arkansas Facility Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jan-Eze Plating Corporation (“JPC”) entered into an April 18th Elective Site Clean-Up Agreement (“ESCA”) See LIS 19-037. The ESCA addresses JPC’s metal parts...more

CERCLA Cost Recovery: U.S. Department of Justice and Owner/Operator of Former Barrel Reconditioning Facility Enter into Consent...

The United States Department of Justice (“DOJ”) and Dayton Industrial Drum, Inc. (“Dayton”) entered into an April 15th Consent Decree addressing the resolution of a Superfund or Comprehensive Environmental Response,...more

Environmental Assessment/Engineering Firm: Massachusetts Appellate Court Addresses Application of Statute of Limitations to...

he Appeals Court of Massachusetts (“Appellate Court”) addressed in an April 12th opinion whether a malpractice action against a former engineering firm and its owner was barred by the statute of limitations. See Cedar Crest...more

U.S. EPA Office of Inspector General Amended Project Notification: Communication of Human Health Risks Posed by Sites in the...

The Office of Inspector General (“OIG”) of the United States Environmental Protection Agency (“EPA”) issued an Amended Project Notification (“Notification”) dated February 4th titled: Communication of Human Health Risks...more

Sewage Treatment Pond: South Dakota Supreme Court Addresses Adjacent Landowner's Inverse Condemnation and Nuisance Claims

The South Dakota Supreme Court (“Court”) addressed in a December 19th opinion an issue involving governmental taking and nuisance claims. See Krsnak v. Brant Lake Sanitary District, 2018 WL 6683535. The issues arose in the...more

Total Petroleum Hydrocarbons Risk Evaluation/Petroleum-Contaminated Sites: Interstate Technology and Regulatory Council Guidance

The Interstate Technology and Regulatory Council (“ITRC”) announced the issuance of a guidance document titled: Total Petroleum Hydrocarbons Risk Evaluation at Petroleum-Contaminated Sites (“Guidance”) - ITRC states...more

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