News & Analysis as of

Comprehensive Environmental Response, Compensation and Liability Act

National Priorities List/Superfund: D.C. Court of Appeals Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) overturned a determination by the United States Environmental Protection Agency (“EPA”). See Genuine Parts Co. v. EPA, No. 16-1416, 2018 WL 2271086...more

Former Slidell, Louisiana Superfund Site: U.S. Environmental Protection Agency Recognizes Excellence in Reuse

The United States Environmental Protection Agency (“EPA”) announced in a May 18th news release that the City of Slidell, Louisiana, (“Slidell”) was recognized for its reuse of a federal Comprehensive Environmental Response,...more

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

by Bergeson & Campbell, P.C. on

Overview: - Since enactment on June 22, 2016, of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA has implemented a muscular regulatory program expressing Congress’ intent for a new and improved Toxic...more

Enforcement of Superfund Orders and Agreements: U.S. Environmental Protection Agency Office of Inspector General Project...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) announced in a May 10th memorandum a Project Notification titled: EPA Enforcement of Superfund Orders and Agreements...more

Montana Supreme Court Undercuts CERCLA, Permits Property Owners to Pursue Restoration Damages Claim

by Beveridge & Diamond PC on

In an opinion tilting against the weight of precedent elsewhere, the Montana Supreme Court held that private landowners could pursue common-law claims to clean-up their properties beyond what EPA required in its selected...more

Tax Buyers Beware: Court Finds CERCLA Liability Following Tax Sale

by K&L Gates LLP on

The Ninth Circuit Court of Appeals recently ruled that California was entitled to pursue its costs for remediating contaminated property from a buyer in a tax sale who took title to the property long after the contamination...more

Answers to 3 Key Questions About the Remediation of Superfund and Brownfield Sites Under President Trump’s Infrastructure Proposal

In addition to addressing the repair of roads and bridges, President Trump’s infrastructure proposal addresses a decidedly less popular infrastructure element — Superfund Sites and Brownfield Sites. It is worth looking at how...more

EPA Halts Financial Assurance Requirements for Hardrock Mining

by Williams Mullen on

EPA continues to walk-back Obama-era regulations. The beneficiary this time is the mining industry, with EPA stating its intention not to issue a final rule establishing financial responsibility requirements for hardrock...more

Property Available at Tax Sale May Not Be a Bargain if Contaminated

On April 27, the U.S. Court of Appeals for the Ninth Circuit held, in the case of California Dep’t of Toxic Substances Control v. Westside Delivery, LLC, that a purchaser of land at a California tax sale was not entitled to...more

Ninth Circuit Finds District Court Sharply Deviated from Existing Authority on CERCLA Cleanup Costs Between Military Contractor...

TDY Holdings v. United States, et al., 872 F.3d 1004 (9th Cir. 2017) - TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government...more

Tenants Gain Broader Liability Protection Under CERCLA

by McGuireWoods LLP on

Buried in the 800-plus pages of the Consolidated Appropriations Act, 2018, is a change broadening the bona fide prospective purchaser (BFPP) defense for tenants under the Comprehensive Environmental Response, Compensation and...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Issues Draft Guidance On Expanded Access To Confidential Business Information: On March 16, 2018, the U.S. Environmental Protection Agency (EPA) released three draft guidance documents for public...more

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Madison, Minnesota Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more

New Exemption from CERCLA Notification Requirements Re: Released Hazardous Substances

The Comprehensive Environmental Response, Compensation, and Liability Act’s (CERCLA, also known also as Superfund) stringent hazardous substance release reporting requirements are set forth as Section 103 of Superfund. A...more

New CERCLA Brownfields Amendments

The Consolidated Appropriations Act of 2018 includes, at pages 1768-1786 of the bill, the “Brownfields Utilization, Investment, and Local Development Act of 2018,” also known as the “BUILD Act.” This is a bi-partisan bill...more

BUILD Act Includes Added Protection and Incentives for Brownfield Redevelopment and Renewable Energy

The Consolidated Appropriations Act of 2018, which President Trump signed on March 23, 2018, includes 2,300 pages of appropriations and priorities for the operation of the federal government over the next fiscal year. It also...more

Brownfields: U.S. Environmental Protection Agency March 15th Federal Register Notice Regarding Supplemental Funding/Revolving Loan...

The United States Environmental Protection Agency (“EPA”) published a March 15th Federal Register notice regarding the availability of supplemental funds for the Revolving Loan Fund (“RLF”) capitalization...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Settles With Syngenta On FIFRA Violation Related To Restricted-Use Pesticide: On February 12, 2018, the U.S. Environmental Protection Agency (EPA) announced it has reached an agreement with Syngenta...more

Recent Changes Expected to Impact Environmental Enforcement

by Holland & Knight LLP on

• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more

New Tax Law Will Shape Future Environmental Settlements

by BakerHostetler on

A minor provision concerning deductibility in Public Law 115-97, commonly known as the Tax Cuts and Jobs Act (Act), may have significant impacts on administrative and judicial settlements between companies and the U.S....more

Agriculture/Superfund Release Reporting: March 8th U.S. Senate Committee on Environment and Public Works Committee Hearing

The United States Senate Subcommittee on Superfund, Waste Management, and Regulatory Oversight Committee of the Environment and Public Works (“Committee”) held a March 8th hearing in regards to: Senate Bill 2421 – The Fair...more

Superfund/Applicable, or Relevant and Appropriate Requirements: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more

Proposed Changes To CERCLA/Superfund, Brownfield Redevelopment Projects – Trump’s Infrastructure Plan Impacts More Than Planes,...

by Cole Schotz on

On February 12, 2018, the Trump Administration released its much-anticipated Infrastructure Plan. While the bulk of the more than 50-page document proposes a wide array of funding and reforms for various infrastructure...more

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

What happened to all the big changes at Trump’s EPA?

by Snell & Wilmer on

Following the presidential election, much was made of the enormous changes that the new president intended to make at the EPA, and his choice for Director, Scott Pruitt, resulted in heated opposition and a frenzied uproar...more

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