News & Analysis as of

Contaminated Properties

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

2018 Environmental Legislative Update No. 5

by Pullman & Comley, LLC on

Welcome to our Environmental Legislative Updates. Throughout Connecticut’s legislative session, these updates highlight developments concerning environmental law and policy. The author prepares updates as Legislative...more

Wisconsin Appeals Court Finds No Duty to Defend Under Excess Policies

by White and Williams LLP on

On April 25, the Wisconsin Court of Appeals concluded in Johnson Controls, Inc. v. Central National Insurance Company of Omaha, et al., that two excess insurers had no duty to defend policyholder Johnson Controls in...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

Brownfields: U.S. Environmental Protection Agency Awards East Arkansas Planning and Development District $300,000 for Assessments

The United States Environmental Protection Agency (“EPA”) announced in an April 25th news release that it had awarded $300,000 to the East Arkansas Planning and Development District(“East District”). The East District is...more

Proposed Prospective Purchaser Agreement: U.S. Environmental Protection Agency Public Notices Settlement Addressing Muncie,...

The United States Environmental Protection Agency (“EPA”) public noticed in the April 17th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 83 Fed. Reg. 16853. The PPA concerns the Manual...more

Mississippi Underground Storage Tank Act: 2018 Revisions

The 2018 Regular Session of the Mississippi Legislature undertook certain revisions to the Mississippi Underground Storage Tank Act of 1988 (“Act”). The legislation was enacted on March 19th after being approved by the...more

United States/Missouri Consent Agreement Requiring Doe Run Resources Corporation Cleanup of Missouri Lead-Contaminated Residential...

The United States and Missouri executed a Consent Decree (“CD”) with Doe Run Resources Corporation (“DRRC”) requiring the remediation of more than 4,000 lead-contaminated residential properties near the Big River Mine...more

Illinois Appellate Court Finds Breach of Duty to Defend When Insurer Reserved Rights to Challenge Insured’s Decision to Settle...

Rogers Cartage Co. v. Travelers Indem. Co.¸ 2018 IL App. 160098 (5th Dist. 2018), arose from underlying litigation involving environmental contamination and cleanup at two United States Environmental Protection Agency (EPA)...more

Endangered Rivers: American Rivers Announces 2018 List

The environmental organization American Rivers has released its annual report demoninated America’s Most Endangered Rivers 2018 (“List”). The organization American Rivers was founded in 1973 and is headquartered in...more

Brownfields Programs: Environmental Council of the States Resolution Supporting Federal Funding

The Environmental Council of the States (“ECOS”) approved a resolution titled: In Support of Federal Funding for Brownfields Programs (“Resolution”)...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

Nonprofit Universities Eligibility for Brownfields Tax Credits, Massachusetts Appeals Court Confirms

by Beveridge & Diamond PC on

Nonprofits are eligible for transferrable Brownfields tax credits for remediation conducted prior to 2006 according to a recent ruling by the Massachusetts Appeals Court. As we previously reported in March 2016, the...more

SJC Clarifies Statute of Limitations for Contaminated Property Damage Claims but Raises Questions of Application

by Beveridge & Diamond PC on

Plaintiffs with property damage claims under the Massachusetts clean-up law have more time to bring their claim than might be expected under the three-year statute of limitations according to a recent ruling by the top...more

For the First Time, EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor Intrusion

by Beveridge & Diamond PC on

EPA has proposed to add the Rockwell International Wheel & Trim Site in Grenada, Mississippi to the National Priorities List, the first site added based solely on the risk to human health from vapor intrusion from subsurface...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

Mass. SJC Expands Time For Bringing Property Damage Claims Under Chapter 21E

by Pierce Atwood LLP on

Lawsuits to recover cleanup costs and property damages resulting from environmental contamination can be expensive and time-consuming. Plaintiffs should be sure their claims are timely before embarking on the litigation...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

Defence + Indemnity: February 2018 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies, because the pleaded...more

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...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

For the First Time, U.S. EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor...

by Beveridge & Diamond PC on

The National Priorities List is designed to identify the contaminated sites that pose the highest risk to human health or the environment so that U.S. EPA can focus its efforts on these sites. For the first time, on January...more

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