citizen suit

EPA Issues Enforcement Discretion Memo for Routine Civil Violations Arising from COVID-19 Pandemic

Air Pollution, CERCLA, Corporate and Real Estate Transactions, Disclosure of Environmental Liabilities, enforcement, Environmental Due Diligence, Hazardous Waste, oil spills, Water Pollution / By

Update: EPA has created a frequently-asked questions about covid-19 webpage that is available Here. The federal Environmental Protection Agency has issued a Memo announcing that it will temporarily exercise enforcement discretion for certain civil violations where the non-compliance was a result of the COVID-19 pandemic. Contrary to news articles in such publications  as E&E News, The […]

EPA Issues Enforcement Discretion Memo for Routine Civil Violations Arising from COVID-19 Pandemic Read More »

Purchaser Found “Contributing to” Contamination for Failing to Provide Access for Remedial Activities

Hazardous Waste / By

Purchaser found contamination after closing and filed lawsuit under citizen suit provision of RCRA 7002 . Defendant brings counterclaim asserting that plaintiff is obstructing remediation by denying access. Court denies plaintiff motion to dismiss on grounds that its obstruction could be construed as active storage of wastes and allowing continued leaching of wastes. Therefore, plaintiff

Purchaser Found “Contributing to” Contamination for Failing to Provide Access for Remedial Activities Read More »

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