News & Analysis as of

Hazardous Waste Superfund Comprehensive Environmental Response, Compensation and Liability Act

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

CERCLA/Superfund: Federal Appellate Court Considers Whether Imposition of Arranger Liability Requires Knowledge Waste is Hazardous

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a June 25th Opinion an issue involving arranger liability under the Comprehensive Environmental Response, Compensation, and Liability...more

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

Residential Property Sales/Superfund: Proposed Maryland Legislation Requiring Contract Disclosure of Area National Priority List...

Legislation (“SB 125”) was introduced into the Maryland General Assembly (2024 Session) that would require the seller of any residential property located within 0.5 miles of a National Priority List (“NPL”) Superfund...more

Robinson+Cole Environmental Law +

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more

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

Superfund/CERCLA: Federal Appellate Court Addresses Allocation of Cleanup Costs

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a January 31st Opinion a dispute between two Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund or...more

Eversheds Sutherland (US) LLP

The Superfund Tax is back: Recent IRS guidance and background

As this nation prepared to celebrate the Independence Day long weekend, many were preparing for the July 1, 2022, reinstatement of the Superfund chemicals tax (the Superfund Tax). The Superfund Tax is an excise tax imposed on...more

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

Best Practices to Ensure State Collaboration in Superfund: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a February 2022 report titled: Best Practices to Ensure State Collaboration in Superfund (“Report”) ...more

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

Foley Hoag LLP - Environmental Law

I Love It When SCOTUS Reminds Me How Clear and Unambiguous CERCLA Is

Yesterday, the Supreme Court ruled that only settlements that explicitly resolve liability under CERCLA trigger the contribution provisions of section 113 of CERCLA. I have previously commented on the Court’s tendency to...more

Williams Mullen

EPA Says No Risk from CERCLA Financial Assurance Exemptions for Three Named Industries

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EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more

Benesch

Superfund Defense That The Government Hopes You Don't Know About - Part 3

Benesch on

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability.  Over time, many companies and their legal...more

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

Property Access/Superfund: U.S. District Court (W.D. Washington) Addresses U.S. Environmental Protection Agency's Request to...

A United States District Court (Western District of Washington) addressed the United States Environmental Protection Agency’s (“EPA”) request for access to real property in King County, Washington to undertake certain...more

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

Solid and Hazardous Waste Judicial/Regulatory Developments (2018-2019): Arkansas Environmental Federation Presentation...

I undertook a presentation on April 17th at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste Judicial/Regulatory Developments: 2018 – 2019 - The discussion addressed...more

Foley Hoag LLP - Environmental Law

Bad Superfund Judging — Like, Saints/Rams Bad

Last month’s decision in Ohio v. Breen was the most blatantly, obviously, and incontrovertibly wrong Superfund decision I have ever come across. How wrong was it? Saints/Rams level wrong. The case involved Superfund claims...more

Foley Hoag LLP - Environmental Law

The Arbitrary and Capricious Standard Remains in the Eye of the Beholder

In a very interesting – and extremely rare – case, Emhart Industries has successfully defended itself against a unilateral administrative order issued by EPA under CERCLA, on the ground that key decisions made by EPA were...more

Williams Mullen

How Should You Respond to EPA Information Requests? Very Carefully.

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You're looking through your mail one morning when you see it: a certified letter from EPA. The letter requests information about your company's operations over the last 20 years. It includes paragraph-after-paragraph of...more

Williams Mullen

Can Air Emissions Result in CERCLA Liability?

Williams Mullen on

Liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) results from “releases” of hazardous substances. The term “release” is usually used in the context of something spilled or...more

Foley Hoag LLP - Environmental Law

Determining An Intent To Dispose Under CERCLA Remains a Puzzlement

Determining when a person has “arranged” for the disposal of a hazardous substance has long been difficult. The Supreme Court brought some clarity to the issue in Burlington Northern, when it said that...more

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