LexisNexis® Legal Newsroom
CERCLA's "Federally Required Commencement Date" Preempts State Statute Of Repose

By Steven M. Siros, Partner, Jenner & Block A Georgia federal district court recently found that CERCLA's "federally required commencement date" preempted a state statute of repose. In In re Camp Lejeune, N.C. Water Contamination Litigation (Free Download), the plaintiffs, who allege...

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...

Ongoing Cleanup Precludes Plaintiff From Establishing RCRA Imminent and Substantial Endangerment

By Steven M. Siros, Partner, Jenner & Block A recent decision from the Eastern District of Wisconsin rejected plaintiff's efforts to demonstrate RCRA imminent and substantial endangerment, notwithstanding the presence of benzene in indoor air in the basement of a facility. In Tilot Oil, LLC...

Communications Between DOJ Attorneys Representing Separate Agencies Ordered Disclosed

By Steven M. Siros, Partner, Jenner & Block DOJ attorneys representing the United States Army Corps of Engineers (the "Corps") and the United States Environmental Protection Agency ("EPA") found themselves unable to rely on the attorney work product, attorney-client, or deliberative...

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: Important Environmental Compliance Considerations In The Wake Of Hurricane Sandy

By Steven M. Siros, Partner, and Allison Torrence, Associate, Jenner & Block As Hurricane Sandy swept across the Eastern Seaboard, the images of its destructive power were humbling. As everyone begins to dig out from the damage caused by the storm, it is important to remember the environmental...

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...