Browse By Tags

By Naeha Dixit On August 26, 2015, seven environmental groups sent the U.S. Environmental Protection Agency (EPA) a Notice of Intent to Sue the agency in an attempt to force the agency to develop tailored rules for oil and gas wastes under the Resource...

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...

By Bruce Pasfield and Elise Paeffgen, Attorneys, Alston & Bird LLP On June 21, 2012, the Supreme Court in Southern Union Co. v. U.S., 567 U.S. __ (2012) held that the Sixth Amendment right to a jury trial requires juries not judges to decide the...

The US EPA has revised the 1988 underground storage tank (UST) regulation and the 1988 state program approval (SPA) regulation. Some of these changes had their roots in the Energy Policy Act of 2005, which set out additional requirements in states that...

Kodak Also to Pay for Liability at Superfund Sites in New York and New Jersey The federal government has entered into settlement agreements with Eastman Kodak Company that resolve environmental claims and liabilities asserted by the United States...

By E. Lynn Grayson, Partner, Jenner & Block EPA recently announced plans to amend certain hazardous waste regulations under RCRA at 40 C.F.R. Parts 261-265 in its Action Initiation List. According to EPA, the focus will be to streamline these...

By Steven M. Siros, Partner, Jenner & Block A recent decision from the Eastern District of Wisconsin rejected plaintiff's efforts to demonstrate RCRA imminent and substantial endangerment, notwithstanding the presence of benzene in indoor...

The U.S. Environmental Protection Agency (EPA) has announced two new proposed hazardous waste rules that EPA believes would clarify and simplify requirements for health care facilities and retail pharmacies to manage their unused pharmaceuticals that...

By A. Keith "Kip" McAlister, Jr. The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 1311, was promulgated by EPA pursuant to the Resource Conservation and Recovery Act to test and determine the potential leaching rate...

A pre-publication draft of a proposed rule by EPA may clarify hazardous waste requirements for obsolete or defective pharmaceuticals. EPA proposes a new Subpart P entitled “Hazardous Waste Pharmaceuticals” to 40 CFR Part 266 of its RCRA regulations...

The U.S. Environmental Protection Agency (EPA) recently revised its rules governing the recycling of spent materials, listed hazardous sludge and listed by-products associated with the Resource Conservation and Recovery Act (RCRA) definition of solid...

A RCRA notice is mandatory, as noted by the U.S. Supreme Court in Hallstrom v. Tillamook County , 493 U.S. 20, 26 (1989). The purpose of the notice is to a) inform public agencies of the alleged problem so that they can ascertain if they wish to take...

By Steven M. Siros, Partner , Jenner & Block The first of perhaps many post-Sackett challenges to RCRA orders was filed in the Central District of California in December. On December 18, 2012, a chemical company (Soco West, Inc.) challenged...

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...