News & Analysis as of

Contaminated Properties

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

Property Assessed Clean Energy (PACE): Will Gruber (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County, Arkansas jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues...more

Arkansas Pollution Control and Ecology Commission Regulation 30 (Remedial Action Trust Fund Hazardous Substance Site Priority...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 28th news release stating that the Arkansas Pollution Control and Ecology Commission (“Commission”) will hold a public hearing on December 4th to...more

Federal Brownfield Legislation: U.S. House of Representatives Passes Amendments

The U.S. House of Representatives (“House”) on November 30th passed amendments that would address the federal Brownfield program. H.R. 3017 is titled the “Brownfields Enhancement, Economic Redevelopment, and...more

White County, Arkansas Facility: Arkansas Department of Environmental Quality and Kohler Co. Enter into Elective Site Clean-Up...

The Arkansas Department of Environmental Quality (“ADEQ”) and Kohler Co. (“Kohler”) entered into an October 23rd Elective Site Clean-Up Agreement (“ESCA”). See LIS 17-096. The ESCA addresses a facility located in Searcy,...more

Restoring Lives and Revitalizing Communities: Josh Fout (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues. Mr. Josh Fout, who serves as Pulaski County...more

Federal Court in California Greenlights Discovery After Sufficient Lone Pine Submissions

by Beveridge & Diamond PC on

In a case demonstrating the limits of a Lone Pine strategy, a California federal court allowed a toxic tort class action to proceed after plaintiffs’ experts showed that “Plaintiffs’ case is not meritless or frivolous.” The...more

Ohio Natural Resources Damages Claim Dismissed with Prejudice for Failure to Properly Serve Defendant

by Beveridge & Diamond PC on

Demonstrating the importance of timely service of process in complex environmental cases, a federal court in Ohio dismissed CERCLA natural resource damages claims and related state statutory actions for the state’s failure to...more

Houston Astros Minute Maid Park: Home of the World Series Champions (and a Former Brownfield)

The Houston Astros have an additional distinction besides its World Series win. The Astros Minute Maid Park is on the site of a former 38-acre Brownfield....more

District Court Permits Landowner to Pursue Hazardous Material Dumping Case Against the U.S. Navy

by Beveridge & Diamond PC on

Illustrating what constitutes sufficient notice to the government of the value of a claim under the Federal Tort Claims Act (FTCA), a Maryland federal court rejected the Navy’s claim that it had insufficient notice of the...more

CT Creates New Brownfields Program, Adopts Brownfields Tax Credit

by Holland & Knight LLP on

Buried in an 881-page budget bill passed Thursday by the Connecticut General Assembly was a new program to support remediation and reuse of brownfields – properties long contaminated and underutilized – as well as new job...more

Ninth Circuit Requires US to Pay Defense Contractor Cleanup Costs

by WilmerHale on

On October 4, the Ninth Circuit reversed the District Court for the Southern District of California's decision to allocate to a government contractor 100 percent of cleanup costs for hazardous contamination at a manufacturing...more

You have an Environmental Insurance Policy. Do you know what the fine print says?

THINK YOU CAN MAKE A CLAIM ON YOUR ENVIRONMENTAL INSURANCE POLICY? You better read the fine print first. *Due Diligence – The mantra is often repeated - take initiative, be proactive. For a variety of reasons a...more

Circuit Remands Restitution Order for Further Consideration of Indigent Defendant’s Right to Counsel and Application for Expert...

In United States v. Torriero, the Second Circuit (Chin, Droney, Restani by designation) vacated by summary order a $765,561 restitution order relating to costs incurred by the EPA in cleaning up a property that the defendant...more

How Wrong Does a District Court Have to Be to Abuse Its Discretion?

The 9th Circuit Court of Appeals has reversed a District Court decision allocating 100% of CERCLA response costs at a San Diego Superfund site to TDY Holdings, which operated an aeronautical manufacturing plant from 1939 to...more

U.S. Reversed on 100% Allocation to Contractor

by Davis Wright Tremaine LLP on

The Ninth Circuit Court of Appeals has reversed a district court decision allocating 100% of CERCLA response to costs to a U.S. military contractor, where both the U.S. and the contractor were liable parties. TDY Holdings,...more

Protecting Purchasers in Commercial Property Transactions

by Snell & Wilmer on

Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner...more

Ninth Circuit: defense contractors need not shoulder wartime cleanups alone

by DLA Piper on

A recent decision of the Ninth Circuit Court of Appeal rejected a lower court finding that the US government had no responsibility for cleaning up site contamination arising, in part, from work done to support the...more

Criminal Enforcement: Federal Appellate Court Addresses Whether Resource Conservation and Recovery Act Violation was a...

The 9th Circuit United States Court of Appeals (“Court”) in a September 13th opinion considered whether “knowingly storing and disposing of hazardous waste without a Resource Conservation and Recovery Act (“RCRA”) permit” is...more

The Rise of Vapor Intrusion

We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion....more

Appellate Division Clears Way for Business Entities to Receive Brownfield Innocent Party Grants When Property Is Transferred among...

by Blank Rome LLP on

The New Jersey Appellate Division recently lessened the rigidity by which an innocent purchaser may be eligible for a so-called “Innocent Party Grant” to cover costs associated with the remediation of contaminated property....more

EPA Regional Counsel and MDNR General Counsel discuss environmental enforcement under new administrations

by Thompson Coburn LLP on

Speedy decision making, innovation, and thoughtful enforcement — those may be the best ways to describe federal and state environmental oversight by the United States Environmental Protection Agency under new Director Scott...more

CERCLA Trumps As-Is Sales

by Clark Hill PLC on

A federal court in Alaska assessed responsibility against the City of Fairbanks (City) for remediation costs found necessary to clean up property it previously owned. The court concluded that the City should have mitigated...more

CERCLA Task Force Issues Recommendations Aimed at Improving the Superfund Program

by Clark Hill PLC on

On August 2, 2017, EPA Administrator Scott Pruitt announced recommendations aimed at accelerating action on Superfund mega-sites, specifically expediting cleanups and promoting redevelopment and community revitalization. The...more

Illinois Court Finds that Landfill Post-Closure Monitoring Period not Limited to 15 Years by Statute

by Freeborn & Peters LLP on

An Illinois appellate court recently ruled that the 15 year post-closure monitoring requirement for sanitary landfills under the Illinois Environmental Protection Act sets the minimum, not maximum, period, and that that the...more

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