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California Groups Sue EPA Over Civil Rights Complaint

FRESNO, Calif. - (AP) Sixteen years ago, soon after she gave birth to her first baby, Maricela Mares-Alatorre joined residents of three small California farmworker towns who alleged they were being discriminated against by environmental regulators, because all three of the state's toxic waste dumps...

Bank Not Liable For Auction Sale of Contaminated Property

By Lawrence Schnapf, Principal, Schnapf LLC In Lusk v First Century Bank, 2012 W. Va. LEXIS 241 (Sup. Ct. 4/27/12) , the plaintiff/petitioners purchased a commercial property at an auction foreclosure sale. The Notice of Trustee's Sale and Regency's advertising notice stated that the sale...

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: Fox River PCB Cleanup Allowed To Proceed

On November 21, 2012, a federal district court in Wisconsin rejected PRP efforts to seek modification of the remedial plan established by U.S. EPA and the State of Wisconsin to address PCB-contaminated sediments in the Fox River. In 2010, U.S. EPA and the State of Wisconsin sued several potentially responsible...

Improper PCB Disposal Leads To $13.75M Fine

By Steven M. Siros . In what constitutes the largest penalty for violations of the Toxic Substances Control Act ("TSCA") at a single site, a titanium product manufacturer agreed to pay $13.75 million to settle the Government's claims relating to the improper disposal of PCBs at a site...