News & Analysis as of

Pollution Control Site Remediation

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s Newly Adopted Amendments to Ground Water Quality Standards Will Significantly Impact Ongoing Remediation Projects in New...

The New Jersey Department of Environmental Protection (NJDEP) has amended the Ground Water Quality Standards (GWQS), effective on February 3, 2025. The rule, as adopted, does not differ substantially from the January 2024...more

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

Fort Smith Property/Cold Storage Warehouse: Arkansas Department of Energy and Environment - Division of Environmental Quality and...

The Arkansas of Energy and Environment – Division of Environmental Quality (“DEQ”) and Arkansas Refrigerated Services, Inc. (“ARS”) entered into an October 2nd Elective Site Cleanup Agreement (“ESCA”). See LIS No. 24-146....more

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

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Motion for Reconsideration Regarding Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in an August 29th Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc.,...more

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

Technical Assistance Resources to Support the Reuse of Brownfield Sites: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2022 guidance document titled: Technical Assistance Resources to Support the Reuse of Brownfield Sites (“Guidance”)...more

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

Investigating and Remediating PFAS Contamination: Washington State Department of Ecology Issues Draft Guidance

The Washington State Department of Ecology (“WSDE”) issued a December 2022 document titled: Draft Guidance for Investigating and Remediating PFAS Contamination in Washington State (“Guidance”)...more

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

Total Pollution Exclusion/Crude Oil Leak: Federal Appellate Court Addresses Insurance Coverage Question

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an October 26th Opinion a company’s Commercial General Liability (“CGL”) policy Total Pollution Exclusion (“TPE”). See Central Crude,...more

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

Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Baxter County Facility...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Rapp’s Barren Brewing Company, LLC (“Rapp’s”) entered into a November 12th Consent Administrative Order (“CAO”) addressing...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #4

Allen Matkins on

Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more

Morgan Lewis

US Ordered to Pay $20.3 Million to ExxonMobil for Cleanup of Wartime Environmental Pollution

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The US District Court for the Southern District of Texas issued its third opinion on August 19 in the decade-long fight between Exxon Mobil Corporation (ExxonMobil) and the US government over who is responsible for the costs...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards: Background Concentration Edition

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On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”).  These proposed amendments, often referred to as “Wave 2,” will...more

Pullman & Comley, LLC

Connecticut DEEP Seeks to Overhaul Remediation Standards – Expansion of LEP Approval Authority, Part I: Soil Contamination

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards – Groundwater VOC Volatilization Criteria and Transition Provisions

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards– Widespread Polluted Fill

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

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

Hot Springs, Arkansas, Majestic Hotel Brownfield Site: Arkansas Department of Environmental Quality Announces Certificate of...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 9th news release indicating that a Brownfield Certificate of Completion will be issued to a City of Hot Springs, Arkansas, Brownfield which is the...more

Beveridge & Diamond PC

China Enacts Landmark Legislation Addressing Soil Contamination

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China enacted its Soil Pollution Prevention and Control Law on August 31, 2018. The law is the first national statute in China specifically addressing soil contamination. It will take effect on January 1, 2019, and is...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

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

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

Latham & Watkins LLP

China Releases Ambitious Plan to Address Soil Pollution

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On 28 May, the State Council, China’s highest administrative body, released the Action Plan on Prevention and Control of Soil Pollution (currently available only in Chinese) to address one of the nation’s most difficult and...more

Williams Mullen

EPA Region III Assesses Largest Superfund Stipulated Penalty Ever

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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

Latham & Watkins LLP

Shanghai Issues Draft of Revised Environmental Protection Regulations for Public Comment

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The Shanghai Municipal People’s Congress has released the revised Shanghai Environmental Protection Regulations (in Chinese only) for public comment. The revised Regulations, which first came into force in 1997, apply...more

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