Environmental

Recent Posts

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions
Posted on 28 Aug 2014 by Ballard Spahr LLP

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... Read More

South Carolina Court Limits CERCLA Remedies
Posted on 15 Jul 2015 by Williams Mullen

By Jessica J.O. King The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up... Read More

Generators Need to be Vigilant About TCLP Sampling Protocol
Posted on 17 Jul 2015 by Williams Mullen

By A. Keith "Kip" McAlister, Jr. The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 1311, was promulgated by EPA pursuant to the Resource Conservation and Recovery Act to test and determine the potential leaching rate... Read More

DOD Finalizes Amendments to DFARS Regarding the Storage, Treatment, and Disposal of Non-DOD Toxic and Hazardous Materials on DOD Sites
Posted on 24 Dec 2014 by Jenner & Block Corporate Environmental Lawyer

The Department of Defense (DOD) has published a final rule that amends Defense Federal Acquisition Regulation Supplement (DFARS) subpart 223.71 to better align the DFARS with the current provisions set forth in 10 U.S.C. 2692, [ enhanced version available... Read More

EPA Issues New Rules Governing Recycling That Will Impact Most Major Industries
Posted on 10 Feb 2015 by Babst Calland

The U.S. Environmental Protection Agency (EPA) recently revised its rules governing the recycling of spent materials, listed hazardous sludge and listed by-products associated with the Resource Conservation and Recovery Act (RCRA) definition of solid... Read More

Tags: hazardous , waste , RCRA , EPA

E-Waste Settlement Nets State of California $51.8 Million
Posted on 24 Feb 2015 by Steven M. Siros

By Steven M. Siros AT&T agreed to pay $51.8 million to resolve allegations that it improperly disposed of hazardous electronic waste at its facilities in California. In one of the first enforcement actions of its kind in California, AT&T has... Read More

EPA E-Manifest Implementation Update
Posted on 4 May 2015 by E. Lynn Grayson

By E. Lynn Grayson On October 5, 2012, President Obama signed into law the Hazardous Waste Electronic Manifest Establishment Act (PDF) , which authorizes the EPA to implement a national electronic manifest system. Commonly referred to as "e... Read More

New EPA Rule Regulates Coal Ash As Non-Hazardous
Posted on 26 Feb 2015 by E. Lynn Grayson

By E. Lynn Grayson The U.S. Environmental Protection Agency (EPA) recently announced the first national regulations to provide for the safe disposal of coal combustion residuals (coal ash) from coal-fired power plants which will be regulated under... Read More

Tags: hazardous , coal , Plant , power , ash , waste , EPA

EPA Issues Final Rulemaking for Coal Combustion Residuals
Posted on 5 Feb 2015 by Babst Calland

The U.S. Environmental Protection Agency (EPA) has issued an advance notice of a final rulemaking that will regulate coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). The rulemaking will... Read More

EPA proposes new hazardous waste recycling regulations to address environmental justice concerns
Posted on 17 Jul 2011 by Thomas H. Clarke, Jr.

EPA is has released for public comment its draft expanded environmental justice analysis of the 2008 definition of solid waste. The draft evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public... Read More

The Federal Hazardous Materials Transportation Act preempts state common law claims for design defects
Posted on 13 Jul 2011 by Thomas H. Clarke, Jr.

The plaintiff-employee, a chemical unloader, was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying his face and chest and thereby inflicting severe burns. The employee sued under common law... Read More

New York Environmental Regulator Announces New Hazardous Waste Enforcement Initiative Against Supermarkets, Retail Pharmacies and Similar Establishments
Posted on 3 Mar 2015 by GreenbergTraurig

In a move that will have a substantial impact on future obligations of supermarkets, drug stores and “big box” retailers in New York State, the New York Department of Environmental Conservation (DEC) recently announced that it would begin... Read More

Significant Change to EPA’s 'All Appropriate Inquiry' Rule
Posted on 15 Oct 2014 by Pepper Hamilton Environmental Law Practice Group

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... Read More