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
I continue to be surprised by how many people knowingly purchase a contaminated site, and regret it afterwards. Buy in haste, repent at leisure? Sometimes the purchaser of a contaminated site is merely unlucky, or suffers from a change of rules or... Read More
U.S. EPA has voluntarily withdrawn its proposed Hazard Ranking System ("HRS") rule that would have allowed regulators to list a site on the National Priorities List ("NPL") solely on the basis of the risks posed by vapor intrusion... Read More
By Barry Zalma, Attorney and Consultant The Fifth Circuit Court of Appeal was asked to determine whether Illinois Union Insurance Company ("ILU") had a duty to defend Louisiana Generating LLC ("LaGen") in an underlying suit filed... 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
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
BY: CHANNING J. MARTIN The Virginia Waste Management Board has amended the Virginia Voluntary Remediation Program (“VRP”) regulations. The amended regulations – known as Amendment 2 – went into effect on January 29, 2014 [ enhanced... Read More
By Steven M. Siros, Partner, Jenner & Block On September 4, 2012, a federal judge in New Jersey denied Arcadis U.S. Inc.'s ("Arcadis") request for summary judgment in a CERCLA lawsuit relating to the disposal of contaminated concrete... Read More
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
By Steven M. Siros, Partner, Jenner & Block In 1992, a consent decree was entered into between U.S. EPA and two PRPs to address contamination at an NPL site in Mountain View, California. In June 2001, U.S. EPA certified completion of remediation... Read More
In a move that will have a substantial impact on future obligations of supermarkets, drug stores and “big box” retailers in New York State, the New York Department of Environmental Conservation (DEC) recently announced that it would begin... Read More
It has long been an axiom of environmental science that a diverse ecological community (aka biodiversity) is more resilient and productive because it stabilizes the ecological system as a whole. This should not be confused with a focus on an individual... Read More