Environmental

Recent Posts

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: 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

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

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

Ongoing Cleanup Precludes Plaintiff From Establishing RCRA Imminent and Substantial Endangerment
Posted on 27 Jan 2012 by Steven M. Siros

By Steven M. Siros, Partner, Jenner & Block A recent decision from the Eastern District of Wisconsin rejected plaintiff's efforts to demonstrate RCRA imminent and substantial endangerment, notwithstanding the presence of benzene in indoor... Read More