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
While I have written extensively for years on sustainability, I have emphasized energy, greenhouse gases, etc., and less on other important items, such as waste reduction and water conservation. So here I write about issues in stormwater management. As... Read More
David Letterman has his Top 10 list. Now the Indiana Department of Environment Management (IDEM) has its Top 10 list for Concentrated Animal Feeding Operations (CAFOs). These large livestock producers are primarily regulated through IDEM's confined... Read More
The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd . illustrates, and will perpetuate, the continuing... Read More
A recent decision from the U.S. Court of Appeals for the D.C. Circuit, [ enhanced version available to lexis.com subscribers ], rejected a challenge to U.S. EPA's decision to list a site on the National Priorities List ("NPL"), finding that... Read More
WASHINGTON, D.C. — (Mealey's) A U.S. Supreme Court majority today reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling reinstating a lawsuit brought under the Comprehensive Environmental Response, Compensation, and Liability... Read More
By E. Lynn Grayson, Partner, Jenner & Block At least 126,000 sites across the U.S. have contaminated groundwater that requires remediation, and about 10 percent of these sites are considered "complex," meaning restoration is unlikely... Read More
California Governor Jerry Brown has signed into law a historic package of three bills— Senate Bill 1168 , [ enhanced version available to lexis.com subscribers ], Senate Bill 1319 , [ enhanced version available to lexis.com subscribers ], and Assembly... Read More
The U.S. Government Accountability Office (GAO) has released a report entitled “ Drinking Water: EPA Program to Protect Underground Sources from Injection of Fluids Associated with Oil and Gas Production Needs Improvement ,” in which the GAO... Read More
Naturally Occurring Radioactive Material (NORM) is found in virtually all soil and rock on the earth’s surface. NORM can also be found in groundwater as the result of its contact with NORM bearing geologic formations. When human related activities... Read More
By: Alexander J. Bandza In what appears to be the first-ever RCRA § 7003, [ enhanced version available to lexis.com subscribers ], “imminent and substantial endangerment” order for vapor intrusion, US EPA Region 4 issued an order... Read More
The Association of California Water Agencies (ACWA) recently issued a new report titled "2014 Drought: Impacts and Strategies for Resilience" for building a statewide water management system more resilient to drought. At the same time, the Natural... Read More
By Henry R. "Speaker" Pollard, V The severe drought in Virginia in 2002 saw several localities nearly exhaust available public water supplies and reenergized public policy concerns about Virginia’s water resources and their proper... Read More
By Lawrence Schnapf, Principal, Schnapf LLC We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada. In the most recent ruling, the court granted the... Read More
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