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 […]
Back in October 2011, we discussed a failed $35MM development project where a bank sought damages from three environmental consultants for failing to anticipate methane gas problems at the development site. The plaintiff, BancorpSouth Bank, was a successor by merger to The Signature Bank that had financed the project. The project consisted of 150-acre site that
Ct Allows CERCLA Claim Agst Bank To Proceed In Methane Case Read More »
EPA entered into a prospective purchaser agreement (PPA) with Philadelphia Energy Solutions LLC (PES) and Philadelphia Energy Solutions Refining and Marketing LLC (PE R&M) to facilitate the continued operation of two Sunoco Philadelphia refineries. PES is a joint venture of The Carlyle Group LLC and Sunoco Inc (Sunoco). PES is the indirect owner of PE
EPA Enters Into CERCLA and RCRA PPAs Read More »
Hobart Corp v Waste Management of Ohio, 2011 U.S. Dist. LEXIS 148224 (S.D.Ohio 2/10/11) is an obscure decision from 2011 but has some complaint drafting lessons. This case started off as a classic CERCLA contribution action for a landfill cleanup. The plaintiff entered into a settlement with EPA to perform an RI/FS and then decides
No Arranger Liability For Migration of Contaminated Groundwater Read More »
A federal district court ruled that a Maryland county government was liable to a developer for damages resulting from the migration of landfill gas from a closed landfill to a planned development community. The court held that developer was entitled to recover response costs under CERCLA and that the subsurface migration of methane gas and VOCs
County Liable to Developer for Migration of Landfill Gas Read More »
It seems like there were a lot of cases in 2011 involving commercial properties impacted by methane gas from former landfills. A recent case involved a novel question if the owner of a hotel damaged by methane gas migrating from a landfill could seek administrative claim status in a chapter 7 bankruptcy case. In the
No Administrative Claim For Hotel Damaged By Methane from Bankrupt Landfill Operator Read More »