The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray, 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12) is the latest example of how vapor intrusion has become a game changer for toxic tort and RCRA litigation. Vapor intrusion was the only potential exposure pathway since groundwater was not used […]
District Ct Holds Vapor Intrusion Is Imminent and Substantial Endangerment Read More »
We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada. In the most recent ruling, the court granted the motion for summary judgment filed by the Nevada Department of Environmental Protection (NDEP) seeking cost recovery under CERCLA. 2012 U.S. Dist. LEXIS
Ct Grants Summary Judgment in Maryland Square Vapor Intrusion Case Read More »
Ameripride Services. v. Valley Indus. Services, 2011U.S. Dist. LEXIS 55634 (E.D.Ca. 5/12/11) discussed how delays or failure to comply with CERCLA reporting requirements may impact a claim for contribution or cost recovery. In this case, Texas Eastern Overseas, Inc (TEO) conducted industrial dry cleaning at a facility until 1983 when it sold the property to
In Precision Brand Products. v. Downers Grove Sanitary District, 2011 U.S. Dist. LEXIS 88009 (N.D. 8/811), the Illinois Environmental Protection Agency (“IEPA”) detected TCE in private wells serving a residential community adjacent to the Ellsworth Industrial Park (EIP) in Downers Grove, Ill in 2001. The federal EPA conducted an investigation and issued PRP notices. A
Court Finds No Successor or Parent Liability For “Indirect” (Grandparent) Corporation Read More »
Dry cleaners may be small businesses but they have a disproportionate impact on the environment. Studies suggest that at least 75% of the dry cleaners in operation prior to 2000 have probably had releases of PCE which means lots of strip malls and shopping centers may have been contaminated by PCE. Not surprisingly, dry cleaner
Dry Cleaner Equipment Financer Settles CERCLA Claim Read More »