Environmental

Recent Posts

Cases to Watch: Supreme Court Could Address Key Cost Recovery Issue in Morrison Enterprises
Posted on 29 Sep 2011 by Jenner & Block Corporate Environmental Lawyer

By Keri L. Holleb Hotaling, Partner, Jenner & Block LLP When the Supreme Court returns from its summer recess on September 26 to select cases for review this fall, it is likely to consider taking up Morrison Enterprises, LLC v. Dravo Corp . ... 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

Superfund Site Reopened to Address Vapor Intrusion Issues
Posted on 18 Jan 2012 by Steven M. Siros

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... Read More

CERCLA Claims Against Environmental Contractor Allowed To Proceed
Posted on 28 Oct 2011 by Steven M. Siros

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... 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

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

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

Jenner & Block: Fox River PCB Cleanup Allowed To Proceed
Posted on 4 Dec 2012 by Steven M. Siros

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... Read More

Jenner & Block: U.S. Court of Appeals Mandates Decision on Act of War Defense to WTC CERCLA Claims
Posted on 7 Jun 2012 by Gabrielle Sigel

By Gabrielle Sigel, Partner, Jenner & Block The U.S. Court of Appeals for the Second Circuit has issued a mandate to the U.S. District Court for the Southern District of New York, requiring the lower court to determine whether contamination from... Read More

Jenner & Block: New EPCRA Tier I and Tier II Updates
Posted on 27 Aug 2012 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block EPA has proposed changes to EPCRA Section 312 Tier I and Tier II Emergency and Hazardous Chemical Inventory Forms required under 40 CFR Part 370. The new rules become effective January 1, 2014. The... Read More

Communications Between DOJ Attorneys Representing Separate Agencies Ordered Disclosed
Posted on 31 Jan 2012 by Steven M. Siros

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... 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

Jenner & Block: New EPA Guidance On Institutional Controls
Posted on 14 Jan 2013 by E. Lynn Grayson

By E. Lynn Grayson , Partner, Jenner & Block EPA has released guidance on the use of institutional controls at CERCLA, RCRA and UST sites. The guidance titled Institutional Controls: A Guide to Planning, Implementing, Maintaining and Enforcing... Read More

CERCLA's "Federally Required Commencement Date" Preempts State Statute Of Repose
Posted on 19 Oct 2011 by Steven M. Siros

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... Read More