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RCRA imminent & hazardous endangerment notice must be specific, notes Second Circuit

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 action, and b) provide the alleged violator with sufficient...

Jenner & Block: U.S. Court of Appeals Mandates Decision on Act of War Defense to WTC CERCLA Claims

By Gabrielle Sigel, Partner, Jenner & Block The U.S. Court of Appeals for the Second Circuit has issued a mandate to the U.S. District Court for the Southern District of New York, requiring the lower court to determine whether contamination from the collapse of the World Trade Center buildings...