CERCLA

McDonald’s Labor Case May Have Environmental Law Implications

Labor rulings have in the past served as precedent for eroding traditional corporate law doctrines and expanding liability of corporations. For example, the doctrine known as either Continuity of Enterprise or Substantial Continuity was used in the 1990s to impose successor liability for environmental contamination originated with a line of labor law cases dating back to …

McDonald’s Labor Case May Have Environmental Law Implications Read More »

OER Grants Available for Petroleum Assessments But Need to Move Quickly

The NYC Office of Environmental Remediation just announced that it has a little over $100K to award for petroleum assessments this summer. The source  of the grant money is the brownfield revolving loan fund that was awarded by EPA to OER under section 104(k) of CERCLA. The federally-funded grant may be used for phase 1 or …

OER Grants Available for Petroleum Assessments But Need to Move Quickly Read More »

Problems Emerge with New CREC Definition

After a little more than six months after ASTM issued its new E1527-13 Phase 1 standard practice, problems are emerging over the new definition Controlled Recognized Environmental Condition (CREC) definition. The difficulties are related to the definition itself and differences among state environmental programs. Before discussing the CREC problems, a little background might be helpful …

Problems Emerge with New CREC Definition Read More »

EPA Issues Administrative Order for Gowanus Remedy Design

EPA issued a unilateral administrative order (UAO) under section 106 of CERCLA to implement a remedial design (RD) for the Gowanus Canal. EPA took this action after negotiations with responsible parties bogged down. The agency wants the RD fieldwork to commence this spring. Back in September 2013, EPA issued a Notice for the Commencement of …

EPA Issues Administrative Order for Gowanus Remedy Design Read More »

EPA Recognizes E1527-13 But Preamble Raises Specter of Retroactive LIability For Past Phase 1 Reports that Did Not Assess Vapor Intrusion

On December 30th, the  federal Environmental Protection Agency (EPA) published a final rule in the Federal Register  (78 FR 79319) recognizing the new ASTM E1527-13 phase 1 standard practice as an approved method for complying with the All Appropriate Inquires (AAI) rule. As explained below, while the preamble to the final rule is an improvement to …

EPA Recognizes E1527-13 But Preamble Raises Specter of Retroactive LIability For Past Phase 1 Reports that Did Not Assess Vapor Intrusion Read More »

Federal Court Rules Methane Gas Constitutes “Imminent and Substantial Endangerment” Under RCRA 7002

A federal district court ruled that methane migrating from a closed landfill to a residential development project constitutes an imminent and substantial endangerment under section 7002 of the Resource Conservation and Recovery Act in Marcas, L.L.C. v. Bd. of County Comm’rs,2013 U.S. Dist. LEXIS 104380 (D.Md. 7/25/13).  The court also followed an emerging trend and …

Federal Court Rules Methane Gas Constitutes “Imminent and Substantial Endangerment” Under RCRA 7002 Read More »

Should Consultants Use ASTM E1527-13 Prior to EPA Recognition?

On November 6th, ASTM announced that it has published its E1527-13 Phase 1 Standard for Environmental Site Assessments. Upon publication of a new ASTM standard, the prior version becomes obsolete. In a normal transition, environmental consultants would transition to using the new E1527 version like they did with the E1527-94, E1527-97 and E1527-00. However, this is not …

Should Consultants Use ASTM E1527-13 Prior to EPA Recognition? Read More »

You Say “Removal”, I Say “Remedial”

In 1990, a municipality in Long Island installed a granulated activated carbon (“GAC”) adsorption system at a cost of $1.25MM to remove volatile organic compounds (“VOCs”) that had been detected in two public drinking water wells. When the GAC proved ineffective in reducing the VOCs to the maximum contaminant levels (MCLs), the municipality commenced construction …

You Say “Removal”, I Say “Remedial” Read More »

CERCLA “Discovery Rule” Playing Important Role in Toxic Tort Cases

State statutes of limitations (SOL) establish the time period when an injured party may bring a lawsuit seeking compensation for damages. In general, the SOL “clock” will start when a claim “accrues” (e.g. when all of the required elements of the cause of action have been satisfied. Because of the long latency period between exposure …

CERCLA “Discovery Rule” Playing Important Role in Toxic Tort Cases Read More »

Time to Revisit AAI EP Definition?

Many environmental lawyers, consultants and professional organizations were deeply disappointed when EPA bowed to pressure from other government agencies and severely weakened the definition of Environmental Professional (EP) in its “All Appropriate Inquires” (AAI) rule that was published on November 1, 2005. The EP definition in the proposed AAI rule included minimum levels of education …

Time to Revisit AAI EP Definition? Read More »

Scroll to Top