By Patrick D. Joyce, Philip L. Comella, and William R. Schubert

The U.S. Environmental Protection Agency’s Office of Inspector General, in a February 5, 2014 memorandum, stated that it intends to evaluate how federal and state regulation of the hydraulic fracturing (fracking) industry has protected water resources and managed potential threats. “EPA’s Oversight

By Philip L. Comella

Ending, for the time being, a fiercely contested rulemaking in which even the Chicago Tribune’s editorial board weighed in, the Illinois Pollution Control Board on August 23, 2012 issued its Final Rule changing the standards for Clean Construction or Demolition Debris (CCDD) Fill Operations. The heart of the controversy in this

By Philip L. Comella

Rulemaking procedures underway before the Illinois Pollution Control Board’s (Board) in the First Notice of proposed amendments to Clean Construction or Demolition Debris (CCDD) Fill Operations (35 Ill.Adm.Code 1100) show that battle lines have been drawn over how CCDD will be regulated in the State of Illinois.  One of the key

By Andrew H. Perellis and William R. Schubert

The Montana Supreme Court recently held that the statute of limitations provided no defense to a defendant even though the plaintiffs had not asserted their nuisance and trespass claims until decades after the initial discovery of contamination.

In Burley v. Burlington Northern & Santa Fe Railway Co.

By Andrew H. Perellis

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

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.