Topic
Superfund
122 published works
Science, Law & the Environment
Happy Halloween: Feasibility Study for the Duwamish Completed, EPA Sends General Notice Letters
By Doug Steding
A one-two punch in terms of the Duwamish Superfund site: First, late Halloween night, the Lower Duwamish Waterway Group posted the Final Feasibility Study for the Lower Duwamish. The entire…
E2 Law Blog
Institutional Controls and Pre-enforcment Review in Cleanup Cases
My October Environmental Practice Column in the Pennsylvania Law Weekly considers issues presented by the intersection of the bar on pre-enforcement review and reliance on "institutional controls." These issues come up in federal Superfund…
Science, Law & the Environment
New Bedford Harbor Superfund: “Eye-Popping” Cost Reopener and Implications for the Duwamish and Portland Harbor
By Doug Steding
If you missed the update from Robert Sanoff over at Foley Hoag's Law and the Environment Blog, on the New Bedford cost reopener leading to a $366 million settlement, it…
Workplace Safety and Environmental Law Alert Blog
Obama Administration Proposes to Make Cuts in Superfund Remediation Programs Under 2013 Budget
By Philip L. Comella and Craig B. Simonsen The Obama Administration has proposed reducing funding for the Hazardous Substance Superfund Remedial program by $33 million. According to the Whitehouse EPA…
E2 Law Blog
Declaratory Judgments Under Superfund
When is a declaratory judgment required, permitted, or inappropriate under the federal Superfund statute? My December column in the Legal Intelligencer / Pennsylvania Law Weekly explores these issues.
Workplace Safety and Environmental Law Alert Blog
U.S. EPA Reverses Course on Technical Impracticability Waivers for Sites with DNAPLs
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)…
Science, Law & the Environment
EPA’s CERCLA Section 104(e) Information Request: What is this?
By Doug Steding
Many businesses located in or near Superfund sites eventually will receive a Section 104(e) Information Request from EPA. This is particularly true at large aquatic sites such as the Portland…
Energy & Environmental Law Blog
“Personal Injury” Insurance Coverage for CERCLA Clean-up Costs?
By Kristin Watt
Relying on an interpretation of Washington State Law, the federal district court for the eastern district of Washington opens the door for potential coverage of CERCLA clean up costs under the "personal…
CAFA Law Blog
Although this Mass Action was Remanded on the Local Controversy Exception, There is a Practice Pointer: If You have a Misjoinder Argument, You Better Urge It in the Notice Of Removal.
Lafalier v. Cinnabar Service Co., Inc., Slip Copy, 2010 WL 1486900 (N.D. Okla., Apr 13, 2010) (NO. 10-CV-0005-CVE-TLW) While remanding the action to state court under CAFA’s local controversy exception,…
Science, Law & the Environment
EPA Releases Final Remedial Investigation for the Lower Duwamish Superfund Site
By Doug Steding
Yesterday, EPA released the final draft of the Remedial Investigation ("RI") for the Lower Duwamish Waterway Superfund Site. The complete text is available here. The Duwamish Superfund Site consists of…