Solid & Hazardous Waste
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…
U.S. Supreme Court’s Latest CERCLA Decision Could Mean a Tangle for Future Litigation
On April 20th, 2020, the United States Supreme Court held in Atlantic Richfield Co. v. Christian that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not prevent state courts from hearing state law claims by landowners seeking property damages and additional environmental remediation at federal Superfund sites beyond an EPA-approved remedy. Complicating this…
EPA Issues New Management Standards for Hazardous Waste Pharmaceuticals
Earlier this year, the U.S. Environmental Protection Agency promulgated new management standards for generators of hazardous waste pharmaceuticals pursuant to the Resource Conservation and Recovery Act (RCRA). These new streamlined requirements for the accumulation, storage, and ultimate disposal of pharmaceuticals that are subject to RCRA, are meant to provide clarity and consistency regarding how generators…
DEC Publishes Final Revised Solid Waste Management Regulations
After 18 months of public comment and revisions to its solid waste regulations, the New York State Department of Environmental Conservation (“DEC”) has published the finalized version of the regulations, which will take effect on November 4, 2017. DEC’s solid waste management regulations – codified in 6 NYCRR Part 360 – govern the reuse, recycling, transportation, and…
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