By Jeryl L. Olson, Rebecca A. Davis, Patrick D. Joyce, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: The ASTM is in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.
A Phase I Environmental Site Assessment is a report, following ASTM Standards, that identifies recognized
Continue Reading Revision to ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
By Andrew H. Perellis, Jeryl L. Olson, and Patrick D. Joyce
Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which the neighbors find inadequate, so the neighbors join together and sue in state court
Continue Reading SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing
By Rebecca A. Davis and Jeryl L. Olson
Seyfarth Synopsis: Under the Trump Administration, the U.S. Environmental Protection Agency (EPA) has fully or partially deleted 22 sites from the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) National Priorities List (NPL). This is the largest number of deletions in one year since 2005.
However, the EPA continues to add
Continue Reading Trump Administration Superfund Related Activities
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining (HRM) facilities. 83 Fed. Reg. 7556 (Jan. 21, 2018).
EPA Administrator Scott Pruitt announced that “after
Continue Reading EPA Determines No Need for Additional Superfund Financial Responsibility Rules for Hardrock Mining Industry
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned and involved with what the Agency is doing relating to your interests.
Continue Reading EPA Task Force Report to Revitalize the Superfund Program
By Andrew H. Perellis, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities List of contaminated sites would now likely qualify.
The U.S. Environmental Protection
Continue Reading EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants.
Indiana, unlike other jurisdictions, is pro-insured when it comes to providing coverage for damages arising from pollution events. This is so even where the insurance policy
Continue Reading Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”
In Karl Ebert v. General Mills, Inc., No. 15-1735 (8th Cir. May 20,
Continue Reading 8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental Contamination
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The 9th Circuit confirmed that an EPAs request for information letter investigating a Superfund cleanup site is a “suit” triggering an insurer’s duty to defend.
This week, the Ninth Circuit Court of Appeals affirmed a District Court decision that an information request issued by
Continue Reading Circuit Court Says Superfund Request for Information Triggers Insurer’s Defense Obligation
By Andrew H. Perellis and Craig B. Simonsen
The U.S. Environmental Protection Agency (EPA) has just announced a proposed rule to add a subsurface intrusion (SsI) component to the Superfund Hazard Ranking System (HRS). Addition of a Subsurface Intrusion Component to the Hazard Ranking System, RIN 2050-AG67 (February 3, 2016).
By adding the consideration of vapor intrusion, hundreds of
Continue Reading EPA Plans to Ease Path to Superfund Listing: Vapor Intrusion Component to be Added to the Hazardous Ranking System