By Jeryl L. Olson, Rebecca A. Davis, Patrick D. Joyce, Scott T. Fenton, Jose Almanzar, Ilana R. Morady, and Craig B. Simonsen
Seyfarth Synopsis: United States Environmental Pr
otection Agency (USEPA) Administrator Michael S. Regan and Attorney General Merrick B. Garland announced the Department of Justice’s (DOJ) comprehensive enforcement strategy to advance environmental
Continue Reading USEPA and Department of Justice Launch Comprehensive Environmental Justice Enforcement Strategy
By Jeryl L. Olson, Rebecca A. Davis, Ilana R. Morady, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The ASTM Standard
Continue Reading Updated ASTM Standard for Phase I Environmental Site Assessments Just Released
By Andrew H. Perellis and Jeryl L. Olson
Properties in Illinois that are currently contemplating or pending sale, and properties with existing No Further Remediation (NFR) letters, may encounter difficulties and issues arising under the recent indoor inhalation rules adopted in Illinois. In the Matter of: Tiered Approach to Corrective Action Objectives (TACO) (Indoor Inhalation): Amendments to 35 Ill. Adm.
Continue Reading No Further Remediation Letters and the New Indoor Inhalation Pathway in Illinois
By Ilana R. Morady and Craig B. Simonsen
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) empowers the U.S. Environmental Protection Agency (EPA) to issue an order “as may be necessary to protect public health and welfare and the environment.” A party receiving such an order when not liable under CERCLA for response costs may petition for and obtain
Continue Reading Reimbursement Under CERCLA Section 106(b)? There Needs to Be an Order!
Superfund Sites with Dense Non-Aqueous Phase Liquids (DNAPLs) may require additional groundwater treatment under a recent guidance document issued by the U.S. Environmental Protection Agency (EPA) on September 19, 2011. The OSWER directive, Clarification of OSWER’s 1995 Technical Impracticability Waiver Policy, #5355.5-32, instructs Regions to discard the 1995 guidance document that had advised Regions to
By Philip L. Comella and Craig B. Simonsen
The U.S. Environmental Protection Agency (EPA or Agency) just released its Toxicological Review of Trichloroethylene (EPA/635/R-09/011F, September 28, 2011) (Toxicological Review). This publication represents the first time that EPA has classified trichloroethylene (TCE) (CASRN 79-01-6) as a human carcinogen regardless of the route of exposure. TCE had previously been classified
Continue Reading EPA Classifies Trichloroethylene (TCE) as Human Carcinogen