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Waste

Fertilizer or Solid Waste: How Far Does RCRA Spread?

On January 14, 2015, the Eastern District of Washington held that Cow Palace Dairy, LLC, is liable under RCRA for storing, applying, and managing manure in a way that poses a substantial and imminent endangerment to public health in...

A Tale of Two Rivers: An Analysis of Different Approaches to Proving Intent for CERCLA Arranger Liability

Courts have grappled with the scope of CERCLA arranger liability ever since the U.S. Supreme Court’s 2009 decision in Burlington Northern & Santa Fe Railway Co. v. United States. Two opposite decisions on nearly identical...

Acts of God, War, and Third Parties: The Previously Overlooked CERCLA Defenses

In a recent decision, a federal appeals court for the first time relied on the statutory act of war defense to dismiss a CERCLA claim, one that sought recovery of the costs of remediating asbestos and other hazardous substances that...

A Decade of Natural Resource Damage Liability: Key Federal Decisions 2004-2014

The past 30 years have seen a slow appearance and evolution of natural resource damage (NRD) related case law. The range of information resulting from the various decisions issued in the past decade may be useful to legal practitioners...

Methods of Crude Oil Transport: Relative Risks and Benefits

As America’s oil and natural gas boom spreads across the country, producers are finding it difficult to get oil from the wells to market. Pipeline capacity is limited, and shipping crude by rail has raised concerns in the media. What...

EPA’s 2013 All Appropriate Inquiries Rulemaking Raises Litigation and Administrative Law Risks

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) published a final rule temporarily recognizing two different “Phase I” environmental site assessment (ESA) standards for commercial real estate and brownfield due...

EPA Administrative Orders on Consent, CERCLA §113(f) Contribution Actions, and the Operative Statute of Limitations After Atlantic Research

Parties seeking to address their CERCLA liability with the U.S. Environmental Protection Agency (EPA) without protracted litigation may find attractive a nonjudicial negotiated settlement, known as an Administrative Order on Consent (...

Can TMDLs Serve as ARARs?

The CWA and CERCLA were passed to clean up the environment and protect public health. Both statutes required Congress to set a standard for cleanliness. Under
CERCLA, Congress determined that Superfund sites had to meet applicable...

Treatment of CERCLA Claims for Hazardous Waste Cleanup Costs in Bankruptcy

In this challenging economic climate, it is not uncommon for some companies who are potentially responsible parties (PRPs) involved in hazardous substances cleanup litigation under the federal Comprehensive Environmental Response,...

Courts Shed Light on the Application of CERCLA's Bona Fide Prospective Purchaser Defense

Purchasers who knowingly take title to real property found to be contaminated with hazardous substances during pre-purchase due diligence may be subject to liability for remediation costs under the Comprehensive...