Environmental

Recent Posts

Do Homeowners Policies Protect Against Liability from Fracking Operations? Probably Not
Posted on 18 Feb 2012 by Thomas H. Clarke, Jr.

My partner Dean Pappas and I recently had an article published by Best's Review (February 2012) that looks at the potential risks that arise from hydrofracking operations, and the extent to which a typical homeowner's insurance policy covers the... Read More

Settling Party Barred from Bringing a CERCLA Section 107(a) Claim
Posted on 14 Mar 2012 by Sedina L. Banks

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP Last week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia) , the Eleventh Circuit held that a party that performs a cleanup in compliance... Read More

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger
Posted on 4 Aug 2011 by Thomas H. Clarke, Jr.

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team... Read More

Comment: Obtaining a Declaratory Judgment under CERCLA: Should the Past Control the Future?
Posted on 3 Aug 2011 by LexisNexis Environmental Law Community Staff

By Rachael A. Doyle Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") to address and remedy the improper disposal of toxic and hazardous wastes. Since its enactment, CERCLA has been highly... Read More

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA
Posted on 19 Mar 2012 by Thomas H. Clarke, Jr.

In litigation involving soil and/or groundwater contamination from releases related to dry cleaning equipment and PCE, it has been common for injured property owners to sue the dry cleaning equipment manufacturers, among others. One of the primary legal... Read More

EPA Spanish Web Site to inform Spanish-speaking public about health, environmental impacts of Oil Spill
Posted on 25 May 2010 by LexisNexis Environmental Law Community Staff

WASHINGTON – As part of the ongoing federal response to the BP oil spill in the Gulf of Mexico, EPA has launched a Spanish language Web site to inform the Spanish-speaking public about the spill’s impact on the environment and the health of... Read More

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA
Posted on 19 Mar 2012 by Thomas H. Clarke, Jr.

In litigation involving soil and/or groundwater contamination from releases related to dry cleaning equipment and PCE, it has been common for injured property owners to sue the dry cleaning equipment manufacturers, among others. One of the primary legal... Read More

Comment: Obtaining a Declaratory Judgment under CERCLA: Should the Past Control the Future?
Posted on 3 Aug 2011 by LexisNexis Environmental Law Community Staff

By Rachael A. Doyle Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") to address and remedy the improper disposal of toxic and hazardous wastes. Since its enactment, CERCLA has been highly... Read More

Exclusive Analysis of Oil Spills from Matthew Bender - The Oil Pollution Act of 1990
Posted on 1 May 2010 by LexisNexis Environmental Law Community Staff

The Oil Pollution Act of 1990 (OPA), passed by Congress and signed by the President on August 18, 1990, largely in reaction to the Exxon Valdez catastrophe, has literally revolutionized the area of oil pollution liability. The statute amends many of the... Read More

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger
Posted on 4 Aug 2011 by Thomas H. Clarke, Jr.

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team... Read More

Oil from Gulf of Mexico spill may still be present, particularly on the Gulf floor
Posted on 9 Apr 2011 by Thomas H. Clarke, Jr.

Prior posts have noted that the dispersants used in the BP spill had a longer than anticipated life in the Gulf. Additionally, prior posts have noted the evidence supporting the thesis that the oil was consumed by microbes unusually fast. Recently published... Read More

Settling Party Barred from Bringing a CERCLA Section 107(a) Claim
Posted on 14 Mar 2012 by Sedina L. Banks

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP Last week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia) , the Eleventh Circuit held that a party that performs a cleanup in compliance... Read More

Plastic garbage zones are not just in the Pacific
Posted on 6 Jun 2010 by Thomas H. Clarke, Jr.

The plastic garbage patch in the Pacific Ocean has received substantial media attention. However, recent studies have shown that there are a number of such garbage patches, and that unfortunately they are larger than originally believed. The so-called... Read More