Environmental

Recent Posts

EPA Issues Vapor Intrusion Guidance
Posted on 4 Aug 2015 by Williams Mullen

By Channing J. Martin Vapor Intrusion (“VI”) is the migration of vapors from contamination in the ground into overlying buildings and structures. It’s no secret that regulatory agencies have increased their focus on VI over the... Read More

Ecuador Oil Pollution Claim Can Try Again To Collect From Chevron In Canada
Posted on 31 Mar 2014 by Dianne Saxe

By Meredith James Indigenous Ecuadorian villagers can try again to enforce a controversial $18 billion environmental damage award against Texaco (now merged with Chevron Corp., one of the world’s largest corporations) in Canada. This is part... Read More

Ohio EPA Voluntary Action Program Update
Posted on 1 Oct 2014 by Foley & Lardner LLP

Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to describe the August 1, 2014... Read More

Kawartha Oil Spill Cost Recovery Litigation Drags On
Posted on 15 Apr 2015 by Dianne Saxe

City of Kawartha Lakes taxpayers continue to pay heavily for the Ministry of the Environment’s 2009 order, which required the City to cleanup an oil spill that it did not cause. While everyone agreed that the City was an innocent victim of the spill... Read More

GAO: States are under reporting drinking water violations
Posted on 6 Aug 2011 by Thomas H. Clarke, Jr.

EPA has delegated enforcement of drinking water standards to most States. EPA depends on the reported data to monitor the effectiveness of the Safe Drinking Water Act (SDWA) program. To assess the accuracy of the data reported, EPA asked GAO to audit... Read More

Did Gulf surface bacteria not find Deepwater Horizon oil to be a complete diet?
Posted on 7 Aug 2011 by Thomas H. Clarke, Jr.

Prior posts have discussed various aspects of the Deepwater Horizon oil spill and its impact on the biota of the Gulf. Bioremediation has several goals. First, one uses nature to remediate contamination, saving significant sums. Second, the "food"... Read More

Picture Perfect Result? EPA and Kodak Reach Agreement For Clean Up Of Contamination at Business Park and River
Posted on 28 Mar 2014 by LexisNexis Legal Newsroom Staff

Kodak Also to Pay for Liability at Superfund Sites in New York and New Jersey The federal government has entered into settlement agreements with Eastman Kodak Company that resolve environmental claims and liabilities asserted by the United States... Read More

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

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

Cascades/Superior Paper Mill Cleanup: Final Settlement?
Posted on 20 Nov 2013 by Dianne Saxe

Going after individuals for cleanups of historic contamination continues to pay off for the Ontario Ministry of the Environment . The MOE Director issued a section 18 Order to five companies and three individuals to cleanup outstanding environmental... Read More

Supreme Court Denies Certiorari on GE’s Due Process Challenge to EPA Orders Under CERCLA
Posted on 7 Jun 2011 by LexisNexis Environmental Law Community Staff

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court has declined review of a District of Columbia Circuit U.S. Court of Appeals ruling holding that the Environmental Protection Agency's use of unilateral administrative orders to enforce Comprehensive... Read More

Did Gulf surface bacteria not find Deepwater Horizon oil to be a complete diet?
Posted on 7 Aug 2011 by Thomas H. Clarke, Jr.

Prior posts have discussed various aspects of the Deepwater Horizon oil spill and its impact on the biota of the Gulf. Bioremediation has several goals. First, one uses nature to remediate contamination, saving significant sums. Second, the "food"... 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

GAO: States are under reporting drinking water violations
Posted on 6 Aug 2011 by Thomas H. Clarke, Jr.

EPA has delegated enforcement of drinking water standards to most States. EPA depends on the reported data to monitor the effectiveness of the Safe Drinking Water Act (SDWA) program. To assess the accuracy of the data reported, EPA asked GAO to audit... Read More