Month: October 2012

Consultant Unable To Escape NJ Contaminated Fill Case

We have previously reported on how disposal of fill material tends not to be well-regulated. During the real estate bubble demand for aggregate was at a premium. Due to the scarcity and cost of aggregate or fill material, contractors often use pulverized construction debris from other construction sites as fill material. Despite the fact that …

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Trio of NJ Cases Are Cautionary Tales For Home Heating Oil Tanks

We have previously discussed the risks posed by residential heating oil tanks in a number of posts covering cases in New York , New Jersey , Oregon, Washington, Mass and Canada. Three recent cases in New Jerseyall involve claims of inadequate disclosure of heating oil illustrate. In Dalton v Shanna Lynn Corp., 2012 N.J. Super. Unpub. LEXIS 874 (App. Div. 4/19/12) …

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PA Bank Agrees to Reimburse EPA For Removal Costs at Owned Property

We have previously discussed how banks can find themselves saddled with environmental liability from bank-owned properties they have acquired when they purchase assets of other banks. See Acquisitions Bring CERCLA Liability to Banks The latest example is In the Matter of Hamburg Mills Creek Superfund Site, Docket No. CERC-03-2013-004 where Wells Fargo agreed to reimburse …

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Ohio Bank to Partially Reimburse EPA For Removal Costs Related To Defunct Borrower Facility

An Ohio bank agreed to pay the United States EPA $8K in past response costs incurred by EPA to remove hazardous waste drums at a facility that had been owned by a defunct borrower. The amount the bank agreed to pay represented approximately 10% of the EPA’s response costs. The notice of the proposed Agreement …

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Ct Rejects Stigma Claims in BP Oil Spill Litigation

While the 2010 Deepwater Horizon oil spill fades from memory, the federal district court assigned to resolve the hundreds of cases arising from the explosion, fire, and sinking of the Deepwater Horizon  mobile offshore drilling unit (“MODU”) has been busy issuing orders. These opinions have addressed complex questions of law involving the interplay of the …

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NY District Court Misconstrues CERCLA “Facility” Definition

In the 1980s and 1990s, judges usually began CERCLA cases discussing that CERCLA was a remedial statute that Congress intended to be broadly construed. Judges seemed afraid of the problem of toxic wastes and often uncritically accepted government arguments that cast a wide liability net that caught a wide range of defendants. Even in private …

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