News & Analysis as of

Comprehensive Environmental Response, Compensation and Liability Act

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

by Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

EPA Guidance Documents Are Not Enforceable Rules Says DOJ

by Miles & Stockbridge P.C. on

Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more

Natural Resource Damages for the Entrepreneurial Practitioner: Innovations in NRD Assessment and Restoration

by WilmerHale on

The natural resource damage assessment (NRDA) process has evolved since its inception in the late 1970s. The innovations keep coming. In 2016, a third-party “credit banking” mechanism was used for the first time to settle...more

Sweating the Details: It’s the Things You Overlook That Can Come Back to Bite

by Lane Powell PC on

Many things can keep a vintner or brewer awake at night, but it’s probably safe to say that compliance with the federal Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and...more

D.C. Circuit Delays Emissions Reporting Requirements For Farmers Until May 1, 2018

by Husch Blackwell LLP on

On February 1, 2018, the U.S. Court of Appeals for the D. C. Circuit issued a stay delaying the implementation of a rule that will require farmers to estimate and report emissions from animal waste. Farmers will now have...more

Release Reporting/ CERCLA Enforcement: U.S. Environmental Protection and Tennessee Valley Authority Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Tennessee Valley Authority (“TVA”) entered into a January 23rd Consent Agreement and Final Order (“CAFO”) addressing alleged violation of Section 103(a) of the...more

Farms Required to Report Air Releases from Animal Waste

by Butler Snow LLP on

On April 11, 2017, the Federal Court struck down the 2008 EPA Rule exempting most farms from reporting releases of hazardous air pollutants under CERCLA and EPCRA. The rule exempted farms which had fewer animals than large...more

Contaminated Sediment Sites: U.S. Environmental Protection Agency Sample CWA/CERCLA Memorandum of Understanding

The United States Environmental Protection Agency (“EPA”) has issued a November 21st document related to contaminated sediment sites titled: Sample CWA/CERCLA Memorandum of Understanding for Regions, States, Tribes, and...more

Modernizing the Superfund Cleanup Program: January 18th U.S. House of Representatives Subcommittee on Environment Hearing...

The Subcommittee on Environment of the United States House Energy and Commerce Committee has scheduled a hearing addressing the federal Comprehensive Environmental Response, Compensation, and Liability Act or Superfund...more

Energy Newsletter - January 2018

by King & Spalding on

Gas Market Reform in Asia: an Update on the Implementation of Third Party Access to LNG Import Terminals - The rise of natural gas and LNG in Asia continues apace, fuelled by a convergence of plentiful global LNG supply,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - Lynn L. Bergeson, “Resetting The TSCA Inventory: Why This Is Important,” Environmental Quality Management, Volume 27, Issue 1, Fall 2017: On August 11, 2017, the U.S. Environmental Protection Agency (EPA)...more

EPA Deletes Several Superfund Sites from the NPL and Targets More in 2018 and Beyond

by Miles & Stockbridge P.C. on

U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt says that expediting cleanups at Superfund sites is one of his top priorities. Since 1980, EPA has had the authority to clean up contaminated sites and...more

Montana Supreme Court: Montana Common Law Restoration Claim is Not Preempted by an Ongoing CERCLA Cleanup

On December 29, 2017, the Montana Supreme Court decided an important Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known also as Superfund, case involving the application of Montana state law...more

Comprehensive Environmental Response, Compensation and Liability Act/Superfund Award: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) announced in a January 8th news release that it is awarding $71,430 to the Arkansas Department of Environmental Quality (“ADEQ”). The award is stated to be provided...more

EPA Scraps CERCLA Financial Responsibility Proposal

by King & Spalding on

On December 1, 2017, the United States Environmental Protection Agency (“EPA”) signed a final rule informing the public of its decision not to issue financial responsibility regulations applicable to hardrock mining...more

Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and Environmental Risks for EPA and the Public:...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a December 22nd report titled: Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and...more

CERCLA/Superfund Sites Targeted for "Immediate/Intense Action": December 21st U.S. House of Representatives Committee on Energy...

The Chairman and two Subcommittee Chairmen from the United States House of Representatives Committee on Energy and Commerce (“Committee”) addressed a December 21st letter to Administrator Scott Pruitt of the United States...more

Westport’s Novel Claims for PCB Remediation Costs End at First Circuit

by Beveridge & Diamond PC on

The Town of Westport cannot recover clean-up costs from manufacturers of PCBs used in caulk at the town’s middle school under a variety of common law and statutory theories, according to a ruling by the First Circuit in Town...more

Blessed (Financial) Assurance: EPA Changes Superfund Direction

by Miles & Stockbridge P.C. on

On Friday, December 1, 2017, the U.S. Environmental Protection Agency (EPA) decided NOT to finalize rules to require hard rock mines and mineral processing operations to provide financial assurance to fund future cleanups of...more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - Deadline Approaching For Comments On EPA’s Proposed Reporting Requirements For TSCA Mercury Inventory: As reported in our TSCAblog® item, on October 26, 2017, the U.S. Environmental Protection Agency (EPA)...more

CERCLA/Superfund: U.S. Environmental Protection Agency Announces 21 Sites Targeted for "Immediate/Intense Action"

The United States Environmental Protection Agency (“EPA”) issued a December 8th news release identifying 21 sites that it has targeted for what it describes as “immediate and intense action.” No Arkansas sites are found on...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

EPA Declines To Issue CERCLA Financial Responsibility Rules For Hardrock Mining Industry But Leaves Open What It Might Do For...

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as Superfund, was enacted in December 1980, and Section 108(b) provides that the Environmental Protection Agency (EPA) shall...more

Environmental Protection Agency Will Not Pursue Financial Assurance Rule for Hardrock Mining

by WilmerHale on

On December 1, the Environmental Protection Agency (EPA) announced that it will not promulgate a final rule requiring hardrock mining facilities (i.e., facilities for the extraction, beneficiation, and processing of metals...more

EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by Snell & Wilmer on

In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining...more

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