Recent Posts

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

New Advances In and Benefits of Green Stormwater Management
Posted on 2 Dec 2014 by Marc Karell

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

Top 10 CAFO Violations
Posted on 16 Oct 2014 by Todd Janzen

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

Millions For Offsite Gasoline Contamination
Posted on 4 Sep 2014 by Dianne Saxe

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

Appellate Court Rejects Challenge To NPL Listing
Posted on 21 Aug 2014 by Steven M. Siros

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

Supreme Court: CERCLA Does Not Preempt State’s Statute Of Repose
Posted on 9 Jun 2014 by Shane Dilworth

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

Jenner & Block: National Research Council Updates Contaminated Groundwater Sites Report
Posted on 29 Nov 2012 by E. Lynn Grayson

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 Enacts Comprehensive Groundwater Management Legislation
Posted on 25 Nov 2014 by Duane Morris LLP

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

GAO Finds EPA Needs to Better Protect Drinking Water from Fracking Activities
Posted on 27 Aug 2014 by Jenner & Block Corporate Environmental Lawyer

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

Pennsylvania’s TENORM Study is Released – What are the Conclusions?
Posted on 23 Mar 2015 by Steptoe & Johnson PLLC

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

US EPA Issues First-Ever RCRA “Imminent and Substantial Endangerment” Order for Vapor Intrusion at Fort Gillem, Georgia
Posted on 15 Oct 2014 by Jenner & Block Corporate Environmental Lawyer

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

CA Drought/New Water Supply Reports
Posted on 26 Aug 2014 by E. Lynn Grayson

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

Virginia’s Draft State Water Resources Plan
Posted on 11 Jun 2015 by Williams Mullen

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

Court Grants Summary Judgment in Maryland Square Vapor Intrusion Case
Posted on 31 May 2012 by Larry Schnapf

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

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