Environmental

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

Purchaser Of Contaminated Site Loses Case Against Own Lawyer
Posted on 16 Jul 2015 by Dianne Saxe

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 Hits Pause On CERCLA Vapor Intrusion Regulations
Posted on 14 Jul 2014 by Steven M. Siros

U.S. EPA has voluntarily withdrawn its proposed Hazard Ranking System ("HRS") rule that would have allowed regulators to list a site on the National Priorities List ("NPL") solely on the basis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

Utility Company Covered By Insurance Issued After Clean Air Emission Violations Sent By EPA
Posted on 22 May 2013 by Barry Zalma

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

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

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

Waste Board Amends VRP Regulations: What’s Changed?
Posted on 8 Apr 2014 by Williams Mullen

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

Jenner & Block: Environmental Contractor Unable to Ditch CERCLA Claims
Posted on 16 Sep 2012 by Steven M. Siros

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

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

Superfund Site Reopened to Address Vapor Intrusion Issues
Posted on 18 Jan 2012 by Steven M. Siros

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

New York Environmental Regulator Announces New Hazardous Waste Enforcement Initiative Against Supermarkets, Retail Pharmacies and Similar Establishments
Posted on 3 Mar 2015 by GreenbergTraurig

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

Superfund Site Reopened to Address Vapor Intrusion Issues
Posted on 18 Jan 2012 by Steven M. Siros

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

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

Diversity not only provides increased stability to ecological communities, it is more efficient for remediating contamination
Posted on 13 Apr 2011 by Thomas H. Clarke, Jr.

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