News & Analysis as of

Contamination Solid Waste

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

An Assessment of the U.S. Recycling System/Financial Estimates to Modernize Material Recovery Infrastructure: U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a report titled: An Assessment of the U.S. Recycling System: Financial Estimates to Modernize Material Recovery Infrastructure (“Report”)....more

Pierce Atwood LLP

Maine and Massachusetts Push Forward Extended Producer Responsibility Efforts

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In the past month, both Maine and Massachusetts have taken steps to implement extended producer responsibility (EPR) laws and rules, with the intent of shifting the financial responsibility of managing packaging material from...more

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

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

Goldberg Segalla

EPA Reopens Pandora’s Box with CERCLA Designations of PFOA & PFOS; Seeks to Minimize Apprehension with Enforcement Policy

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As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response,...more

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

PFOA/PFOS/CERCLA: U.S. Environmental Protection Agency Final Rule Designating as Hazardous Substances

The United States Environmental Protection Agency (“EPA”) issued a prepublication version of a Final Rule that would designate two of the Per-and polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response,...more

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

Lead Contaminated Soil/Residential Sites: Association of State and Territorial Solid Waste Management Official's Comments on...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) Board of Directors submitted a March 19th letter to the United States Environmental Protection Agency (“EPA”) providing comments on its...more

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

Developing a State Contaminants of Emerging Concern Program: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a January 2023 document titled: Guidance for Developing a State Contaminants of Emerging Concern Program (“Guidance”)...more

White and Williams LLP

Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of...

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On December 5, 2022, the U.S. District Court for the District of Georgia held that a total pollution exclusion (TPE) in a CGL policy relieved the insurer of any obligation to defend or indemnify a recycling company in a...more

Nossaman LLP

Ninth Circuit Reverses Itself – New Opinion Removes Potential for RCRA “Transporter” Liability for Water Providers

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On July 1, 2022, the United States Court of Appeals for the Ninth Circuit took the unusual step of reversing its previous decision in California River Watch v. City of Vacaville, No. 20-16605, 2022 WL 2381056 (9th Cir. July...more

Downey Brand LLP

Ninth Circuit Court of Appeals Reverses RCRA Citizen Suit Decision Affecting Drinking Water Supply Agencies in California River...

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In a significant course-correction, a Ninth Circuit panel recently revisited its prior opinion in California River Watch v. City of Vacaville, (14 F.4th 1076 (9th Cir. 2021) (“Vacaville I”)), where the Court previously held...more

Mintz

Even in the 9th Circuit, merely conveying contaminated groundwater isn't "transportation" of a "solid waste"

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Just before the July 4th holiday, two Judges on a Ninth Circuit panel reversed their earlier conclusion that conveying contaminated groundwater can give rise to RCRA liability for the "transportation" of a "solid waste". The...more

Downey Brand LLP

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

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The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

Foley Hoag LLP - Environmental Law

The Law Is An Ass, RCRA Edition

Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged...more

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

Columbia County Solid Waste Management System: Arkansas Court of Appeals Addresses City of Magnolia's Challenge to Allocation of...

The Court of Appeals of Arkansas (“Court”) addressed in a September 11th opinion the City of Magnolia, Arkansas’s (“Magnolia”) challenge to the allocation of a Columbia County sales and use tax to finance a Solid Waste...more

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

Time-Critical Removal Capabilities/Superfund: ASTSWMO Paper

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a paper titled: Time-Critical Removal Capabilities (“Paper”) - The Paper was prepared by the ASTSWMO Removals Focus Group...more

Williams Mullen

Virginia Federal Court Holds Groundwater Contamination Triggers Clean Water Act Jurisdiction

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Dominion Virginia Power (Dominion) operates a coal-fired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

Pierce Atwood LLP

2015 Summary of Key Maine Environmental Legislation

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The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

BakerHostetler

Ohio Federal Court Rules That DuPont’s Teflon Emissions Are Covered by RCRA

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Last week the Southern District of Ohio held that air emissions from DuPont’s Teflon production operations at its Washington Works Facility in West Virginia, which landed on a water supplier’s wellfield and contaminated the...more

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