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Judge Orders EPA Not to Destroy Records UP Wants

OMAHA, Neb. - (AP) A federal judge ordered the Environmental Protection Agency on Thursday to stop destroying records Union Pacific requested about lead contamination in Omaha, and an expert was appointed to make sure the agency complies. The judge's order resolved several issues the railroad and...

U.S. Supreme Court Refuses To Take Up Due Process Challenge To EPA Orders

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 6 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...

Oil Spill MDL Judge Dismisses Environmental Claims For Injunctive Relief

NEW ORLEANS - (Mealey's) The federal judge presiding over cases stemming from the oil spill in the Gulf of Mexico caused by the explosion of the Deepwater Horizon oil rig on June 16 dismissed claims seeking injunctive relief against BP Plc. and Transocean Offshore Deepwater Drilling Inc. for alleged...

GM, EPA Reach $23.79 Million Agreement On Superfund Cleanup Costs

NEW YORK - (Mealey's) The liquidation company for bankrupt General Motors Corp. on Jan. 30 reached a $23.79 million settlement with the U.S. Environmental Protection Agency to resolve environmental liabilities related to Superfund sites in three states ( In Re: Motors Liquidation Company f/k/a General...

William A. Ruskin: Pitfalls In Proving CERCLA Divisibility Of Harm

By William A. Ruskin In a stinging decision, the Hon. Lonny R. Suko , a federal district court judge sitting in the Eastern District of Washington, ruled on April 4, 2012, that PRP Teck Cominco Metals, Ltd. failed to prove that contamination at a CERCLA site was divisible and, as a result, will...

William A. Ruskin: Did the Supreme Court's 2009 BNSF Decision Change CERCLA Cost-Recovery Practice?

By William A. Ruskin The U.S. Supreme Court's decision in Burlington Northern Santa Fe Railway Co. v. United States , 129 S. Ct. 1870 (2009) [ enhanced version available to lexis.com subscribers ], examined two unsettled areas of CERCLA: (1) the proof necessary to establish whether a PRP has "arranged...

William A. Ruskin: No Unanimity As To What New ASTM E1527-13 Standard Requires

By William A. Ruskin Some environmental practitioners contend that Phase I site assessments, commonly used in real estate transactions, will now be more costly and time consuming due to the new standard. Seyfarth Shaw counsels in its Client Alert that the new standard requires that, “if the...

Company, Government Tell High Court That Landowners’ Claims Are Time-Barred

WASHINGTON, D.C. — (Mealey’s) Attorneys for CTS Corp. and the U.S. Department of Justice told the U.S. Supreme Court April 23 that a Fourth Circuit U.S. Court of Appeals ruling reinstating a lawsuit brought by landowners asserting claims under the Comprehensive Environmental Response, Compensation...

U.S. Supreme Court Holds That The Comprehensive Environmental Response Compensation And Liability Act Does Not Preempt A State’s Statute Of Repose

Monday, June 9, 2014, the United States Supreme Court released the decision in the case of CTS Corporation v. Peter Waldburger, et al . The case involved a tort action brought for damages that arose from the release of a hazardous substance, pollutant, or contaminant into the environment. CTS sold...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs

WASHINGTON, DC. — (Mealey’s) The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals’ finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can raise an “act of war”...