News & Analysis as of

Land Owners Site Remediation

Bennett Jones LLP

Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

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This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...more

Verrill

One Bad Apple Spoils the Whole Barrel: Do Not Mix a Potentially Contaminated Site With Other Assets

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​​​​​​​When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets  Unfortunately, once title vests in an estate or...more

Locke Lord LLP

Tale of Two States: Changes in Environmental Cleanup Regulations in ‎Connecticut and New Jersey

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Two states that have long had environmental transfer laws are making some changes – in seemingly opposite directions. While Connecticut is saying goodbye to its Transfer Act, New Jersey is keeping its transfer act,...more

Bennett Jones LLP

Site Rehabilitation Program Periods 5 and 6 Further Expand Program Scope

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On February 1, 2021, the Government of Alberta launched Period 5 and Period 6 of the Site Rehabilitation Program (SRP), including additional information within the updated Site Rehabilitation Guidelines....more

American Conference Institute (ACI)

[Virtual Event] Contaminated Sites Liability & Litigation Risk - April 22nd, 8:30 am - 5:30 pm EDT

The Canadian Institute’s advanced conference on Contaminated Sites Liability & Litigation Risk takes a deep dive into the most critical challenges affecting land developers, real estate and legal professionals, and...more

Beveridge & Diamond PC

Washington Launches Expedited Voluntary Cleanup Program

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Washington's Department of Ecology (Ecology) is now accepting applications for its new Expedited Voluntary Cleanup Program (VCP) under the Model Toxics Control Act. For the right site, the highly anticipated expedited VCP...more

Greenbaum, Rowe, Smith & Davis LLP

Atlantic Richfield v. Christian: Despite Initial Concerns, SCOTUS Decision Does Not Open Floodgates for State Court Challenges to...

Prior to April 2020, it seemed clear under prevailing federal case law that a disgruntled person could not use a state court lawsuit to change an environmental remedy approved by the U.S. Environmental Protection Agency (EPA)...more

Holland & Knight LLP

EPA Clarifies Superfund Liability Protections for State and Local Governments

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The U.S. Environmental Protection Agency (EPA) issued important guidance (EPA's Guidance) on June 15, 2020, clarifying the recently amended exemption of state and local governments from the definition of an "owner"...more

(ACOEL) | American College of Environmental...

EPA Is The CERCLA Gatekeeper: Plaintiffs Need EPA Approval To Seek State Court Damages For Restoration

Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the proposed restoration work....more

Troutman Pepper

State Law Claims and CERCLA Remedial Actions: Making the Best of a Bad Decision

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The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more

Holland & Knight LLP

Environmental Due Diligence in the Wake of Atlantic Richfield

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The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more

Holland & Knight LLP

Supreme Court's Decision in Atlantic Richfield: Tip of the Iceberg or Tempest in a Teapot?

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In Atlantic Richfield Company v. Christian, a decision issued on April 20, 2020, the U.S. Supreme Court decided that state courts may hear state common law claims seeking to compel remediation beyond what the U.S....more

Schwabe, Williamson & Wyatt PC

With EPA Approval, Landowners May Bring State Law Claims for Remedial Action in Addition to Ongoing Superfund Cleanup

Last month, the U.S. Supreme Court determined that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preclude Montana residents from bringing state common law claims to recover the...more

Williams Mullen

Supreme Court Ruling Creates CERCLA Uncertainty

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The United States Supreme Court recently decided a case that will create considerable uncertainty for companies involved with cleanups under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

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On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Allen Matkins

SCOTUS: Landowners’ State Law Claims for Additional Cleanup Costs Can Proceed in State Court, But Additional Cleanup Must Be...

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On April 20, 2020, the U.S. Supreme Court issued its long-anticipated opinion in Atlantic Richfield Company v. Christian (No. 17-1498), holding that landowners whose properties are contaminated by neighboring Superfund sites...more

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more

Jones Day

U.S. Supreme Court Permits State Law Claims for Restoration Damages at Superfund Sites

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The Situation: The U.S. Supreme Court recently considered, in Atlantic Richfield Co. v. Christian, whether the Comprehensive Environmental Response, Compensation and Recovery Act ("CERCLA") deprives Montana state courts of...more

Blank Rome LLP

The Supremes Weigh in on Superfund and the Clean Water Act

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Notwithstanding that the Comprehensive Environmental Response, Compensation, and Liability Act (more commonly known as “Superfund”) has been around for 40 years, and the fact that numerous cases have made their way to the...more

Perkins Coie

U.S. Supreme Court Limits Use of Tort Claims By Affected Homeowners at Superfund Sites

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The U.S. Supreme Court stepped into the long-simmering debate about the rights of residential homeowners affected by Superfund response actions, ruling that they are indeed bound by the federal statute’s ban against...more

Greenberg Glusker LLP

Atlantic Richfield Co. v. Christian – Perpetuating the Cycle of Supreme Court Environmental Law Decisions that Spark Litigation...

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The U.S. Supreme Court has a history of rendering muddled decisions when interpreting key environmental statutes, and with its decision in Atlantic Richfield Co. v. Christian et al., history repeats itself....more

Jackson Walker

Supreme Court Allows “PRP” Landowners to Bring State Common Law Claims at Superfund Cleanup Site

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In Atlantic Richfield Co. v. Christian, the United States Supreme Court recently held that a state court had jurisdiction over landowners’ state common law claims against Atlantic Richfield Company related to the Anaconda...more

Beveridge & Diamond PC

Supreme Court Rules that Landowners at a CERCLA Site Cannot Require Additional Cleanup under State Law without Advance EPA...

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Summary - Private landowners at a federal Superfund site cannot use state law claims to require additional remediation without advance EPA approval, based on a limitation in the Comprehensive Environmental Response,...more

Downey Brand LLP

U.S. Supreme Court Preserves Potential State Court Superfund Site Claims – But Remedial Actions Requires EPA Approval

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On Monday, the U.S. Supreme Court handed down a near unanimous decision in Atlantic Richfield Co. v. Christian which involves a group of landowners’ attempt to fashion their own clean-up remedies under state law at a...more

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