Supreme Court Denies Certiorari on GE’s Due Process Challenge to EPA Orders Under CERCLA

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court has declined review of a District of Columbia Circuit U.S. Court of Appeals ruling holding that the Environmental Protection Agency's use of unilateral administrative orders to enforce Comprehensive Environmental Response, Compensation and...

GAO: States are under reporting drinking water violations

EPA has delegated enforcement of drinking water standards to most States. EPA depends on the reported data to monitor the effectiveness of the Safe Drinking Water Act (SDWA) program. To assess the accuracy of the data reported, EPA asked GAO to audit the reports. Using data from the 14 States EPA audited...

Did Gulf surface bacteria not find Deepwater Horizon oil to be a complete diet?

Prior posts have discussed various aspects of the Deepwater Horizon oil spill and its impact on the biota of the Gulf. Bioremediation has several goals. First, one uses nature to remediate contamination, saving significant sums. Second, the "food" (contaminant) should cause the bacteria to...

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...

Jenner & Block: Corporate Purchaser Not Liable to the Government for CERCLA Liability; Former Operator Must Begin Cleanup

By Gabrielle Sigel, Partner, Jenner & Block In long-running litigation regarding one of the costliest Superfund cleanups in the country, the U.S. District Court for the Eastern District of Wisconsin reversed a decision it reached just 5 months earlier and found that Appleton Papers Inc. ("API"...

Cascades/Superior Paper Mill Cleanup: Final Settlement?

Going after individuals for cleanups of historic contamination continues to pay off for the Ontario Ministry of the Environment . The MOE Director issued a section 18 Order to five companies and three individuals to cleanup outstanding environmental issues at an old paper mill in Thunder Bay. The...

Picture Perfect Result? EPA and Kodak Reach Agreement For Clean Up Of Contamination at Business Park and River

Kodak Also to Pay for Liability at Superfund Sites in New York and New Jersey The federal government has entered into settlement agreements with Eastman Kodak Company that resolve environmental claims and liabilities asserted by the United States against Kodak. After Kodak filed for Chapter 11...

Ecuador Oil Pollution Claim Can Try Again To Collect From Chevron In Canada

By Meredith James Indigenous Ecuadorian villagers can try again to enforce a controversial $18 billion environmental damage award against Texaco (now merged with Chevron Corp., one of the world’s largest corporations) in Canada. This is part of a worldwide legal battle between the villagers...

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

By Glenn A. Harris The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion, [ enhanced version available to lexis.com subscribers ], related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et...

Ohio EPA Voluntary Action Program Update

Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to describe the August 1, 2014 Ohio EPA rules for the VAP program and how these...