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Ninth Circuit rules that owners of storm water systems (e.g., cities, counties, districts) are liable for discharges of polluted stormwater into rivers and ocean

It is well known that stormwater gathers a variety of pollutants as it flows across the landscape and even through stormwater drainage systems. See, for example, http://cfpub.epa.gov/npdes/home.cfm?program_id=6 and http://www.epa.gov/owow_keep/NPS/index.html . In NRDC v. County of Los Angeles, Ninth...

EPA proposes new hazardous waste recycling regulations to address environmental justice concerns

EPA is has released for public comment its draft expanded environmental justice analysis of the 2008 definition of solid waste. The draft evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public comment on the environmental justice analysis as...

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

By Glenn A. Harris The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion, [ enhanced version available to lexis.com subscribers ], related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et...

DOD Finalizes Amendments to DFARS Regarding the Storage, Treatment, and Disposal of Non-DOD Toxic and Hazardous Materials on DOD Sites

The Department of Defense (DOD) has published a final rule that amends Defense Federal Acquisition Regulation Supplement (DFARS) subpart 223.71 to better align the DFARS with the current provisions set forth in 10 U.S.C. 2692, [ enhanced version available to lexis.com subscribers ], concerning storage...

EPA Issues Final Rulemaking for Coal Combustion Residuals

The U.S. Environmental Protection Agency (EPA) has issued an advance notice of a final rulemaking that will regulate coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). The rulemaking will apply to CCR generated by coal-fired power plants...

EPA Issues New Rules Governing Recycling That Will Impact Most Major Industries

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 waste (DSW). See 80 Fed. Reg. 1694-1814 (Jan. 13,...

E-Waste Settlement Nets State of California $51.8 Million

By Steven M. Siros AT&T agreed to pay $51.8 million to resolve allegations that it improperly disposed of hazardous electronic waste at its facilities in California. In one of the first enforcement actions of its kind in California, AT&T has agreed to expend $28 million over the next five...

New EPA Rule Regulates Coal Ash As Non-Hazardous

By E. Lynn Grayson The U.S. Environmental Protection Agency (EPA) recently announced the first national regulations to provide for the safe disposal of coal combustion residuals (coal ash) from coal-fired power plants which will be regulated under the nonhazardous waste provisions of RCRA. In developing...

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...

The 2014 California Environmental Legislative Recap: An Election Year Drought

By Mr. Gary A. Lucks Get the latest expert analysis on California's new environmental and land use laws. This article summarizes legislation passed during the 2014-2015 California Legislative Session, including bills addressing water supply, hazardous waste, solid waste, cimate change, air...

EPA E-Manifest Implementation Update

By E. Lynn Grayson On October 5, 2012, President Obama signed into law the Hazardous Waste Electronic Manifest Establishment Act (PDF) , which authorizes the EPA to implement a national electronic manifest system. Commonly referred to as "e-Manifest," this national system is envisioned...

South Carolina Court Limits CERCLA Remedies

By Jessica J.O. King The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42 U.S.C.A. §9601 to 9675...

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...

Generators Need to be Vigilant About TCLP Sampling Protocol

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 of disposed hazardous wastes in landfills. 55 Fed...

International Chemicals Management Meeting

In 2002, at the World Summit on Sustainable Development , the international community adopted an ambitious target for world wide sound management of chemicals and hazardous wastes by 2020: that chemicals are used and produced in ways that lead to the minimization of significant adverse effects...