Hazardous Substances Remediation
U.S. Supreme Court Clarifies Scope of CERCLA Contribution Claims by Settling Parties
On May 24, 2021, the United States Supreme Court ruled in Territory of Guam v. United States that a party’s claim for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9613(f)(3)(B), and therefore the commencement of the limitations period for such a claim, requires resolution specifically of…
CERCLA Claims and Statute of Limitation Issues: An Analysis
The remediation of decades-old hazardous waste sites has increasingly prompted defendants in CERCLA cases to assert the statute of limitations as a defense, revealing two inflection points that the CERCLA practitioner must navigate. The first is whether a party has asserted a cost-recovery claim under CERCLA Section 107(a) or a contribution claim under Section 113(f). …
Wartime Regulation Does Not Render Government an Operator Under CERCLA, Third Circuit Rules
On May 4, 2020, the Third Circuit issued a decision in PPG Industries v. United States, a case which considered whether the government’s involvement at a chromium processing plant during World War II made it an “operator” liable for cleanup costs under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The…
EPA Releases Enforcement Discretion Guidance in Response to COVID-19
These days, it seems as though COVID-19 is leaving no aspect of government untouched, and federal environmental regulation is no exception. The U.S. Environmental Protection Agency (EPA) issued a memorandum on Thursday, March 26th outlining “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” This temporary guidance explains how EPA plans to exercise enforcement discretion…
EPA Announces “Action Plan” for Per- and Polyfluoroalkyl Substances (PFAS)
On February 14th, the U.S. Environmental Protection Agency (EPA) introduced its PFAS Action Plan to better understand PFAS chemicals and the extent of existing contamination, prevent future contamination, and more effectively communicate with the public regarding PFAS and associated health and environmental risks. PFAS, a group of chemicals created in the 1940s, exist in a…
Sixth Circuit rules in two cases that discharges to groundwater from coal ash ponds do not require a Clean Water Act Permit
The Sixth Circuit’s recent decisions in Kentucky Waterways Alliance et al v. Kentucky Utilities Co., (“Kentucky Utilities”) No. 18-5115 (6th Cir. Sept. 24, 2018), and Tennessee Clean Water Network v. Tennessee Valley Authority (“TVA”) No. 17-6155 (6th Cir. Sept. 24, 2018), have further widened an existing circuit split regarding EPA’s Clean Water Act (the “Act”)…
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