News & Analysis as of

Contaminated Properties Consent Decrees

Mitchell, Williams, Selig, Gates & Woodyard,...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

Nossaman LLP

NRD Consent Decree Shows Innovation Alive & Well at DOI

Nossaman LLP on

On June 3, 2019, the United States lodged a proposed Consent Decree under the Clean Water Act and the Oil Pollution Act that would resolve a suite of natural resource damages (NRD) claims by federal, state, and tribal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

Foley Hoag LLP - Environmental Law

Injunctions In RCRA Citizen Suits — Broad, But Not Infinite

Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits. First up, Schmucker v. Johnson Controls. Contamination was detected at the Johnson Controls...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

Sheppard Mullin Richter & Hampton LLP

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

Williams Mullen

EPA Region III Assesses Largest Superfund Stipulated Penalty Ever

Williams Mullen on

The Rodale Manufacturing facility in Emmaus, Pennsylvania was added to the National Priorities List in 1991 after more than 50 years of electrical component manufacturing. Operations at the facility included electroplating,...more

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