Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
Drinking Water on Tap: Money, Morality, and More with Tracy Mehan from the American Water Works Association - Reflections on Water Podcast
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
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
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
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
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
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
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 29th report titled: EPA Does Not Consistently Monitor Hazardous Waste Units Closed with Waste in Place or Track...more
Large quantity generators (LQGs) of hazardous waste who accumulate hazardous waste for no more than 90 days know proper adherence to unit-specific and facility-wide closure requirements is an essential condition for exemption...more
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
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued what it describes as a “Management Alert” titled: Unapproved Use of Slag at Anaconda Co. Smelter Superfund Site (“Alert”)...more
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
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
A United States District Court (E.D. Louisiana) (“Court”) addressed in a March 11th Order an affirmative defense raised in opposition to a Resource Conservation and Recovery Act (“RCRA”) citizen suit enforcement action. See...more
Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more
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
The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more
The U.S. Environmental Protection Agency (EPA) has just announced a proposed rule to add a subsurface intrusion (SsI) component to the Superfund Hazard Ranking System (HRS). Addition of a Subsurface Intrusion Component to...more
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
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
Environmental and Policy Focus - 15 states sue to block enforcement of Obama administration climate change rules: Bloomberg - Aug 13: Fifteen states led by coal-rich West Virginia – but not including California - asked...more