By Andrew H. Perellis

It’s an all too familiar scenario. You learn that your drinking water supply has been contaminated by a defunct manufacturing operation on adjacent property.

In response, you file a lawsuit involving RCRA’s citizen suit provisions to allege that the former owner or operator violated RCRA’s substantive requirements by disposing of hazardous waste without a permit. 42

Continue Reading When Can a Former Owner or Operator be Sued for Past Substantive RCRA Violations?

By Meagan Newman and Craig B. Simonsen

The U.S. Environmental Protection Agency has announced public meetings to “obtain public input from stakeholders” on a national electronic manifest (E-Manifest) database system intended to capture information on shipments of hazardous wastes.

Specifically, the purpose of the meetings is to solicit comments from the states, industry, communities, nongovernmental organizations, and other
Continue Reading EPA Holds Public Meetings on Proposed National E-Manifest System

By Andrew H. Perellis and Ilana R. Morady

The United States Court of Appeals for the First Circuit recently issued an opinion holding that arranger liability under Section 9607(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) can attach to a potentially responsible party (PRP) even if a PRP does not direct a site owner to dispose of

Continue Reading U.S. v. General Electric: First Circuit Clarifies Reach of CERCLA Arranger Liability

By Philip L. Comella and Ilana R. Morady

On October 21, 2011, the Basel Convention moved one step further in implementing the international ban on exports of hazardous waste to developing countries. The Convention was established in 1989 to address the transboundary movement of hazardous waste. In 1995, the export ban, known as the Ban Amendment, was proposed in response
Continue Reading Global Ban on Exports of Hazardous Waste Advances