CERCLA's "Federally Required Commencement Date" Preempts State Statute Of Repose

By Steven M. Siros, Partner, Jenner & Block A Georgia federal district court recently found that CERCLA's "federally required commencement date" preempted a state statute of repose. In In re Camp Lejeune, N.C. Water Contamination Litigation (Free Download), the plaintiffs, who allege...

CERCLA Claims Against Environmental Contractor Allowed To Proceed

By Steven M. Siros, Partner, Jenner & Block A federal district court refused to dismiss a lawsuit alleging CERCLA liability on the part of several environmental contractors that performed an environmental assessment and cleanup of a contaminated property. In Bancorpsouth Bank v. Environmental...

CCX Sued For Fraud

By Steven M. Siros, Partner, Jenner & Block On December 14, 2011, a group of investors that purchased trading privileges on the Chicago Climate Exchange ("CCX") sued the CCX and its founders, alleging fraud and violations of Illinois' Consumer Fraud and Deceptive Business Practices...

New EPA Draft Report Links Contaminants Found In Groundwater To Fracking

By Steven M. Siros, Partner, Jenner & Block On December 8, 2011, the United States Environmental Protection Agency ("U.S. EPA") issued a draft report noting a need for the collection of more baseline data, greater transparency on the chemical composition of fracking fluids and more...

Superfund Site Reopened to Address Vapor Intrusion Issues

By Steven M. Siros, Partner, Jenner & Block In 1992, a consent decree was entered into between U.S. EPA and two PRPs to address contamination at an NPL site in Mountain View, California. In June 2001, U.S. EPA certified completion of remediation activities per the 1992 consent agreement. Almost...

Ongoing Cleanup Precludes Plaintiff From Establishing RCRA Imminent and Substantial Endangerment

By Steven M. Siros, Partner, Jenner & Block A recent decision from the Eastern District of Wisconsin rejected plaintiff's efforts to demonstrate RCRA imminent and substantial endangerment, notwithstanding the presence of benzene in indoor air in the basement of a facility. In Tilot Oil, LLC...

Communications Between DOJ Attorneys Representing Separate Agencies Ordered Disclosed

By Steven M. Siros, Partner, Jenner & Block DOJ attorneys representing the United States Army Corps of Engineers (the "Corps") and the United States Environmental Protection Agency ("EPA") found themselves unable to rely on the attorney work product, attorney-client, or deliberative...

New Report Links Fracking to Potential Health Issues

By Steven M. Siros, Partner, Jenner & Block A recent study by the Colorado School of Public Health has linked hydraulic fracturing to elevated levels of petroleum hydrocarbons in the air near drilling sites. The study, to be published in Science of the Total Environment , identified cancer and...

Jenner & Block: Environmental Contractor Unable to Ditch CERCLA Claims

By Steven M. Siros, Partner, Jenner & Block On September 4, 2012, a federal judge in New Jersey denied Arcadis U.S. Inc.'s ("Arcadis") request for summary judgment in a CERCLA lawsuit relating to the disposal of contaminated concrete from a demolished Ford Motor Company assembly...

Jenner & Block: Navy Shipbuilders Avoid Asbestos Product Liability Claims

By Steven M. Siros, Partner, Jenner & Block On October 3, 2012, the United States District Court for the Eastern District of Pennsylvania decided two questions of first impression under maritime law: (1) does maritime law recognize the sophisticated user and/or sophisticated purchaser defenses...

Jenner & Block: Important Environmental Compliance Considerations In The Wake Of Hurricane Sandy

By Steven M. Siros, Partner, and Allison Torrence, Associate, Jenner & Block As Hurricane Sandy swept across the Eastern Seaboard, the images of its destructive power were humbling. As everyone begins to dig out from the damage caused by the storm, it is important to remember the environmental...

Jenner & Block: Fox River PCB Cleanup Allowed To Proceed

On November 21, 2012, a federal district court in Wisconsin rejected PRP efforts to seek modification of the remedial plan established by U.S. EPA and the State of Wisconsin to address PCB-contaminated sediments in the Fox River. In 2010, U.S. EPA and the State of Wisconsin sued several potentially responsible...

Jenner & Block: U.S. EPA Issues Revised Guidance On The Use Of Institutional Controls At Contaminated Sites

By Steven M. Siros, Partner, Jenner & Block U.S. EPA's Office of Solid Waste and Emergency Response ("OSWER") recently issued revised guidance relating to the use of institutional controls at Superfunds sites and other contaminated properties. The first guidance document, titled...

Jenner & Block: Post-Sackett Challenge to U.S. EPA RCRA Order

By Steven M. Siros, Partner , Jenner & Block The first of perhaps many post-Sackett challenges to RCRA orders was filed in the Central District of California in December. On December 18, 2012, a chemical company (Soco West, Inc.) challenged U.S. EPA's issuance of a RCRA Section 7003 unilateral...