News & Analysis as of

Contaminated Properties Environmental Protection Agency (EPA) RCRA

Miles & Stockbridge P.C.

Lead Contamination Remains a Significant Issue at Outdoor Shooting Ranges, Prompting Environmental Law Citizen Suits

Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a...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

Lowenstein Sandler LLP

Second Circuit Clarifies Trigger Date For CERCLA Cost Recovery Statute Of Limitations

On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more

Benesch

U.S. EPA Supplements Prior COVID-19 Enforcement Discretion Guidance to Cover Sites Undergoing Cleanups

Benesch on

As Benesch previously reported, U.S. EPA issued guidance entitled, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program” on March 26, 2020. The memorandum expressed U.S. EPA’s general intention to...more

Lathrop GPM

Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19

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On April 10, 2020, the U.S. Environmental Protection Agency (EPA) released interim guidance in response to the unprecedented COVID-19 pandemic. This interim guidance was issued for response actions related to cleanup and...more

BCLP

EPA PFAS Action Plan: EPA’s Proposed Interim Recommendation on Groundwater Cleanup Levels for PFOA and PFOS: What You Need to Know

BCLP on

On April 25, 2019, the U.S. Environmental Protection Agency (“EPA”) published its Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS (the “Interim Recommendations”) and received 373 comments...more

Holland & Knight LLP

LIFT America Act Includes Proposed PFAS and Brownfields Remediation Grants

Holland & Knight LLP on

The Leading Infrastructure For Tomorrow's America Act (LIFT America Act or the Act), H.R. 2741 – 116th Congress, was introduced by Rep. Frank Pallone Jr. (D-N.J.) on May 15, 2019. The House Committee on Energy and Commerce is...more

Moore & Van Allen PLLC

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

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Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more

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

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

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

Holland & Knight LLP

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

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• 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

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

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

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

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

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

Miles & Stockbridge P.C.

Intruder Alert – EPA Issues Final Technical Guidance on Vapor Intrusion

This summer, EPA issued two, long-awaited final technical guides for assessing and mitigating the intrusion of hazardous vapors from subsurface contamination into overlying buildings. EPA’s issuance of these technical guides...more

King & Spalding

EPA Issues Long-Delayed Guidance for Assessing and Mitigating Vapor Intrusion Risks at Contaminated Sites

King & Spalding on

On June 11, 2015, the United States Environmental Protection Agency released long-delayed final guidance for evaluating and mitigating risks at sites where vapor intrusion is an actual or potential concern. The final guidance...more

Foley Hoag LLP - Environmental Law

Is There Any End to Post-Closure Care Under RCRA?

Late last month EPA issued draft guidance on adjusting post-closure periods under RCRA. It’s not good news. ...more

McGuireWoods LLP

Environment 2015: Contamination and Waste Management Issues

McGuireWoods LLP on

This year is sure to bring a number of significant changes in the areas of waste management and cleanup, vapor intrusion, due diligence and issues related to real estate purchases. ...more

BakerHostetler

CERCLA, RCRA, and Vapor Intrusion: Does What Happens in Vegas Really Stay in Vegas?

BakerHostetler on

In Voggenthaler v. Maryland Square LLC, 724 F.3d 1050 (9th Cir. 2013), the defendants argued that contamination that happened in Vegas, stayed in Vegas, and therefore the Commerce Clause barred the application of CERCLA. The...more

Pillsbury Winthrop Shaw Pittman LLP

EPA’s New "Institutional Controls" Guidance May Raise Issues in Cleanups and Transactions

The U.S. Environmental Protection Agency recently issued two guidelines with far-reaching implications for real estate transactions involving contaminated sites, including sites owned by the Department of Defense. The...more

Polsinelli

Missouri To Pilot Reforms To Corrective Action Clean-Up Program

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Businesses involved in clean-up of environmentally contaminated sites often face a time-consuming and expensive process. The Missouri Department of Natural Resources and the Environmental Protection Agency will pilot reforms...more

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