Recent Posts

Babst Calland: Nexus Requirement Clarified Under New Jersey’s Spill Act
Posted on 19 Oct 2012 by Babst Calland

In a decision issued September 26, 2012, the New Jersey Supreme Court clarified the standard for demonstrating causation in a claim for damages under the Spill Compensation and Control Act (Spill Act) . The Court held that a plaintiff claiming damages... Read More

EPA Proposes New Rules for Pharmaceutical Hazardous Waste Management and for Other Hazardous Waste Generators
Posted on 19 Oct 2015 by Ballard Spahr LLP

The U.S. Environmental Protection Agency (EPA) has announced two new proposed hazardous waste rules that EPA believes would clarify and simplify requirements for health care facilities and retail pharmacies to manage their unused pharmaceuticals that... Read More

EPA Proposes Hazardous Waste Rule for Pharmaceuticals
Posted on 2 Nov 2015 by Williams Mullen

A pre-publication draft of a proposed rule by EPA may clarify hazardous waste requirements for obsolete or defective pharmaceuticals. EPA proposes a new Subpart P entitled “Hazardous Waste Pharmaceuticals” to 40 CFR Part 266 of its RCRA regulations... Read More

Appellate Court Rejects Challenge To NPL Listing
Posted on 21 Aug 2014 by Steven M. Siros

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... Read More

Jenner & Block: Section 113 or 107? Supreme Court Declines to Clarify CERCLA Cost Recovery Options
Posted on 15 Oct 2012 by Allison Torrence

By Allison Torrence, Associate, Jenner & Block Ever since the U.S. Supreme Court decided United States v. Atlantic Research Corp. in 2007, CERCLA PRPs and courts have been struggling with a crucial question: Whether parties subject to a consent... Read More

Jenner & Block: Seventh Circuit “Clarifies” Position On CERCLA 113 v. 107 Claims
Posted on 13 Aug 2013 by Allison Torrence

On July 31, 2013, the Seventh Circuit Court of Appeals issued an Amended Opinion in the case of Bernstein v. Bankert , Nos. 11-1501 and 11-1523. As discussed previously in this blog , the Seventh Circuit's original opinion addressed, among other things... Read More

Jenner & Block: Corporate Purchaser Not Liable to the Government for CERCLA Liability; Former Operator Must Begin Cleanup
Posted on 25 May 2012 by Gabrielle Sigel

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... Read More

Jenner & Block: New MOU Between EPA And Kentucky
Posted on 23 Jan 2013 by E. Lynn Grayson

By E. Lynn Grayson , Partner, Jenner & Bloc EPA Region 4 and the Commonwealth of Kentucky Department of Environmental Protection (KYDEP) have entered into a Memorandum of Understanding (MOU) to support and strengthen efforts to achieve cleanups... Read More

Waste Board Amends VRP Regulations: What’s Changed?
Posted on 8 Apr 2014 by Williams Mullen

BY: CHANNING J. MARTIN The Virginia Waste Management Board has amended the Virginia Voluntary Remediation Program (“VRP”) regulations. The amended regulations – known as Amendment 2 – went into effect on January 29, 2014 [ enhanced... Read More

Bank Not Liable For Auction Sale of Contaminated Property
Posted on 17 May 2012 by Larry Schnapf

By Lawrence Schnapf, Principal, Schnapf LLC In Lusk v First Century Bank, 2012 W. Va. LEXIS 241 (Sup. Ct. 4/27/12) , the plaintiff/petitioners purchased a commercial property at an auction foreclosure sale. The Notice of Trustee's Sale and Regency's... Read More

Jenner & Block: Post-Sackett Challenge to U.S. EPA RCRA Order
Posted on 22 Jan 2013 by Steven M. Siros

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... Read More

Court Rules In 2013 That Mining Environmental Contamination Going Back To Late 1800’s Covered By Insurance Issued In 1950’s
Posted on 30 Apr 2013 by Seth Lamden

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP The court in Doe Run Resources Corporation v. Certain Underwriters at Lloyd's London , No. ED98086, 2013 Mo. App. LEXIS 468 (April 16, 2013) [ enhanced version available to lexis.com subscribers... Read More

Jenner & Block: Environmental Contractor Unable to Ditch CERCLA Claims
Posted on 16 Sep 2012 by Steven M. Siros

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... Read More

Grocery Chain To Pay $3.3 Million For Illegal Disposal And Mismanagement Of Hazardous Waste
Posted on 26 Jun 2014 by LexisNexis Legal Newsroom Staff

Albertsons, LLC (Albertsons) has been ordered to pay $3.3 million to settle a lawsuit charging illegal disposal, transportation, storage, and mismanagement of hazardous waste. Albertsons has 188 retail stores and two distribution centers currently operating... Read More

Jenner & Block: U.S. EPA Issues Revised Guidance On The Use Of Institutional Controls At Contaminated Sites
Posted on 8 Jan 2013 by Steven M. Siros

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... Read More