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RCRA Contaminated Properties Hazardous Substances

Wenning Environmental

Decision-Support Tools For Contaminated Sites

Wenning Environmental on

A broad range of reactions – from celebratory to alarmist – describe the workforce reductions and regulatory rollbacks proposed or currently underway at the U.S. Environmental Protection Agency (EPA). Notable concerns...more

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

Cobalt Contamination/Leased Facility: Federal District Court Addresses Motion to Dismiss Cost Recovery Action

The United States District Court for the Northern District of California (“Court”) addressed in a November 18th Order a cost recovery action involving cobalt contamination. See Quantum Labs, Inc. v. Maxim Integrated Prods....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

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

CERCLA/RCRA Cost Recovery Action: Federal Court Addresses Individual Liability Question

A United States District Court (Eastern District of California) (“Court”) addressed in a September 4th opinion the potential liability of an individual under the federal Resource Conservation and Recovery Act (“RCRA”) and...more

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

CERCLA/Superfund Action: Federal Court Addresses Owner/Operator Issue

A United States District Court (Eastern District of California) addressed in a June 27th decision an issue involving the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) terms “Owner” and...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

Snell & Wilmer

Protecting Purchasers in Commercial Property Transactions

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Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner...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

Morgan Lewis

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

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Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

Morgan Lewis

Air Emissions May Give Rise to CERCLA Liability

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The Pakootas decision appears to be the first in which any federal court has directly addressed this issue. On December 31, 2014, in a case of first impression, Judge Lonny Suko of the U.S. District Court for 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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