LexisNexis® Legal Newsroom
Diversity not only provides increased stability to ecological communities, it is more efficient for remediating contamination

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 species for which the complex interactions within...

CERCLA Claims Against Environmental Contractor Allowed To Proceed

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 property. In Bancorpsouth Bank v. Environmental...

Superfund Site Reopened to Address Vapor Intrusion Issues

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 activities per the 1992 consent agreement. Almost...

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: 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...

Utility Company Covered By Insurance Issued After Clean Air Emission Violations Sent By EPA

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 against it by the Environmental Protection Agency...

Cascades/Superior Paper Mill Cleanup: Final Settlement?

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 issues at an old paper mill in Thunder Bay. The...

Waste Board Amends VRP Regulations: What’s Changed?

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 version available to lexis.com subscribers...

U.S. EPA Hits Pause On CERCLA Vapor Intrusion Regulations

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. The withdrawal occurred after the proposed rule had...

Ohio EPA Voluntary Action Program Update

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 Ohio EPA rules for the VAP program and how these...

New York Environmental Regulator Announces New Hazardous Waste Enforcement Initiative Against Supermarkets, Retail Pharmacies and Similar Establishments

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 to require strict compliance with the hazardous waste...

Purchaser Of Contaminated Site Loses Case Against Own Lawyer

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 approach by government regulators; sometimes I see...