Hazardous Waste Barrels Label

9th Circuit Determines that EPA Letters Trigger Insurer’s Duty to Defend

By Rebecca L. Ross , Charles A. Jones , Jennifer Mathis , Matthew M. Morrissey On August 30, 2013, the U.S. Court of Appeals for the Ninth Circuit issued an opinion on a contentious environmental insurance coverage issue that has divided state and federal courts. Specifically, in Anderson Brothers...

EPA Allows New Standard for Conducting Environmental Due Diligence

On August 15, 2013, the United States Environmental Protection Agency (EPA) published a proposed and "direct final" rule that expands the options available to parties seeking to qualify for certain defenses to liability under Superfund and other laws. This change will provide prospective purchasers...

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...

lead and zinc smelter

Preparing for Exit: Will Your Environmental Liability Disclosures Comfort a Buyer?

The following post is provided by our guest author, Graham Crockford from TRC Environmental Corporation. Graham can be reached at gcrockford@trcsolutions.com . Our firm is often retained to assist companies evaluate environmental risk/liabilities during acquisitions and divestitures. Whether a company...

Assessment Of Environmentally Contaminated Real Estate

by Bert M. Goodman The Pennsylvania Commonwealth Court’s recent decision in Harley-Davidson Motor Company v. York County Board of Assessment Appeals (Pa. Cmwlth. Ct. decided on October 30, 2013) [ enhanced version available to lexis.com subscribers ], demonstrates the importance of establishing...

High Court Agrees To Decide If CERCLA Preempts State’s Statute Of Repose

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Friday [ enhanced version available to lexis.com subscribers ], agreed to take up a case to decide if the Fourth Circuit U.S. Court of Appeals erred in reviving claims brought by North Carolina landowners under the Comprehensive Environmental...

Supreme Court Declines to Hear Chubb's Appeal on CERCLA Subrogation Suit

New York, NY (January 15, 2014) -- The U.S. Supreme Court declined on January 13 to review a Ninth Circuit opinion affirming the U.S. District Court for the Northern District of California’s dismissal of an insurance company’s subrogation suit under CERCLA (aka Superfund) for recovery of...

EPA Issues Final Rule Confirming New ASTM E1527-13 Standard Will Meet “All Appropriate Inquiries” Under CERCLA, Older ASTM E1527-05 Standard Still Good . . . For Now

By Alexander J. Bandza On December 30, 2013, the US EPA issued its final rule [ enhanced version available to lexis.com subscribers ] confirming that the new ASTM E1527-13 standard, in addition to the older ASTM E1527-05 standard, is acceptable for prospective purchasers of real property to conduct...

U.S. Supreme Court Declines To Review 7th Circuit CERCLA Case

By Allison A. Torrence The U.S. Supreme Court has denied cert in the widely-followed case of Bernstein v. Bankert , No. 13-568, [ enhanced version available to lexis.com subscribers ], declining to review the Seventh Circuit's ruling on the availability of CERCLA cost recovery and contribution...

Top Environmental Issues Facing Automotive Suppliers in 2014

Executive Summary Like any other part of the manufacturing sector, auto suppliers face a number of challenges complying with environmental regulatory requirements, in particular managing and monitoring development of greenhouse gas emissions limits in the United States, European Union, and elsewhere...

EPA Formally Recognizes ASTM E1527-13 as Compliant with CERCLA's All Appropriate Inquiry Rule

By Kyle R. Johnson The U.S. EPA has formally recognized a new standard (ASTM Standard E1527-13) to demonstrate compliance with the All Appropriate Inquiry (AAI) Rule when conducting Phase I environmental site assessments. The new Standard is the first significant revision to the ASTM Phase I standard...

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...

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...

Supreme Court: CERCLA Does Not Preempt State’s Statute Of Repose

WASHINGTON, D.C. — (Mealey's) A U.S. Supreme Court majority today reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling reinstating a lawsuit brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against a company accused of contaminating...

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. Supreme Court Rules That CERCLA Does Not Preempt State Statutes Of Repose

The U.S. Supreme Court has clarified the preemptive power of CERCLA, holding that CERCLA does not preempt state statutes of repose, even though it does preempt certain state statutes of limitation. On June 9, 2014, the Supreme Court ruled in the case of CTS Corp. v. Waldburger , No. 13-339, [ enhanced...

North Carolina Seeks To Amend Statute Of Repose Following Waldburger Decision

Within hours of the Supreme Court's decision in CTS Corporation v. Waldburger , [ enhanced version available to lexis.com subscribers ], finding that that CERCLA's "discovery rule" did not preempt North Carolina's 10-year statute of repose, [ enhanced version available to lexis...

Supreme Court Narrows CERCLA Preemption of State Limits on Tort Claims

In an opinion strictly interpreting the statutory text of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the U.S. Supreme Court limited the scope of a CERCLA provision that is designed to extend state law claims for personal injury or property damage resulting from...

Appellate Court Rejects Challenge To NPL Listing

A recent decision from the U.S. Court of Appeals for the D.C. Circuit, [ enhanced version available to lexis.com subscribers ], rejected a challenge to U.S. EPA's decision to list a site on the National Priorities List ("NPL"), finding that although the petitioner had standing to challenge...

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...

WVDEP Releases Draft Interpretive Rule on Aboveground Storage Tank Inspection, Certification, and Spill Prevention Plan Requirements

The West Virginia Department of Environmental Protection (WVDEP) has released a draft " Interpretative Rule " to implement certain inspection, certification, and spill prevention – response plan provisions of the Aboveground Storage Tank Act (AST Act) enacted earlier this year. The AST...

Significant Change to EPA’s 'All Appropriate Inquiry' Rule

Performing a Phase I environmental site assessment has long been a routine, but integral part of the environmental due diligence in any transaction involving the acquisition of an interest in commercial and industrial real property. Perhaps the most important aspect of performing a Phase I is the information...