Environmental

Recent Posts

Under California's Polanco Act, owners of a right-of-way to property are not owners or operators for subsurface contamination they did not cause and had no duty to investigate
Posted on 17 Jul 2011 by Thomas H. Clarke, Jr.

California's Polanco Act provides a powerful (some would say one sided) tool for Redevelopment Agencies to force the remediation of a site subject to redevelopment, or to cause PRP's to reimburse such agencies for the remedial cost outlays. [As... Read More

Tags: contaminants , Polanco Act , oil pollution , BNSF , railroads , Redevelopment , CERCLA/Superfund , Oil spills , City of Stockton , Water Code , oil spill , 9th Circuit , contaminant , contamination , CERCLA , french drain

Eighth Circuit "clarifies" issues left unresolved in U.S. Supreme Court's Atlantic Research and Cooper Industries opinions
Posted on 9 Apr 2011 by Thomas H. Clarke, Jr.

In 1983, the City sought to restore a long closed well for use as a drinking water resource. It received complaints re taste and odor. The State of Nebraska and EPA investigated, and ultimately the site was added to the NPL in 1986. EPA determined that... Read More

Tags: contaminants , hazardous , Atlantic Research , contribution , CERCLA/Superfund , Cooper Industries , removal , Hazardous Waste , cost , remedial , contaminant , declaratory judgment , Morrison Enterprises , EPA/Enforcement , contamination , CERCLA , EPA

Under California's Polanco Act, owners of a right-of-way to property are not owners or operators for subsurface contamination they did not cause and had no duty to investigate
Posted on 17 Jul 2011 by Thomas H. Clarke, Jr.

California's Polanco Act provides a powerful (some would say one sided) tool for Redevelopment Agencies to force the remediation of a site subject to redevelopment, or to cause PRP's to reimburse such agencies for the remedial cost outlays. [As... Read More

Tags: contaminants , Polanco Act , oil pollution , BNSF , railroads , Redevelopment , CERCLA/Superfund , Oil spills , City of Stockton , Water Code , oil spill , 9th Circuit , contaminant , contamination , CERCLA , french drain