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EPA Plans To Amend RCRA Hazardous Waste Generator Regulations

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 regulations with the overall objective to make targeted...

Jenner & Block: Corporate Purchaser Not Liable to the Government for CERCLA Liability; Former Operator Must Begin Cleanup

By Gabrielle Sigel, Partner, Jenner & Block In long-running litigation regarding one of the costliest Superfund cleanups in the country, the U.S. District Court for the Eastern District of Wisconsin reversed a decision it reached just 5 months earlier and found that Appleton Papers Inc. ("API"...

Jenner & Block: Environmental Contractor Unable to Ditch CERCLA Claims

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 from a demolished Ford Motor Company assembly...

Jenner & Block: Section 113 or 107? Supreme Court Declines to Clarify CERCLA Cost Recovery Options

By Allison Torrence, Associate, Jenner & Block Ever since the U.S. Supreme Court decided United States v. Atlantic Research Corp. in 2007, CERCLA PRPs and courts have been struggling with a crucial question: Whether parties subject to a consent decree may file claims for cost recovery under...

Jenner & Block: National Research Council Updates Contaminated Groundwater Sites Report

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 to be achieved in the next 50 to 100 years due...

Jenner & Block: U.S. EPA Issues Revised Guidance On The Use Of Institutional Controls At Contaminated Sites

By Steven M. Siros, Partner, Jenner & Block U.S. EPA's Office of Solid Waste and Emergency Response ("OSWER") recently issued revised guidance relating to the use of institutional controls at Superfunds sites and other contaminated properties. The first guidance document, titled...

Jenner & Block: New EPA Guidance On Institutional Controls

By E. Lynn Grayson , Partner, Jenner & Block EPA has released guidance on the use of institutional controls at CERCLA, RCRA and UST sites. The guidance titled Institutional Controls: A Guide to Planning, Implementing, Maintaining and Enforcing Institutional Controls at Contaminated Sites is...

Jenner & Block: Post-Sackett Challenge to U.S. EPA RCRA Order

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 U.S. EPA's issuance of a RCRA Section 7003 unilateral...

Jenner & Block: New MOU Between EPA And Kentucky

By E. Lynn Grayson , Partner, Jenner & Bloc EPA Region 4 and the Commonwealth of Kentucky Department of Environmental Protection (KYDEP) have entered into a Memorandum of Understanding (MOU) to support and strengthen efforts to achieve cleanups in Kentucky. The MOU is intended to help property...