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Court Holds That CERCLA Does Not Apply To Disposal Of A “Naturally Occurring” Hazardous Substance
In a summary judgment opinion in Hobart Corporation, et al. v. The Dayton Power & Light Company, et al., 3:13-cv-115, the United States District Court for the Southern District of Ohio held that untreated wood and wood ash from burning untreated wood is not a CERCLA “hazardous substance”. The Court found that even if wood … Continue reading "Court Holds That CERCLA Does Not Apply To Disposal Of A “Naturally Occurring” Hazardous Substance"...
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1,4-Dioxane: EPA Draft Risk Evaluation and New Developments
One of the most significant regulatory challenges associated with 1,4-Dioxane for U.S. business relates to groundwater cleanup standards and how to remediate existing groundwater contamination. EPA’s recent risk assessment work will have little or no impact on this important environmental consideration at least in the short term. On July 1, 2019 EPA published notice of its draft … Continue reading "1,4-Dioxane: EPA Draft Risk Evaluation and New Developments"...
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Nijman Franzetti LLP Receives 2019 Top Chambers USA Recognition
Nijman Franzetti LLP is pleased to announce the firm’s recognition in the 2019 edition of Chambers USA, a highly regarded legal directory, featuring client-led intelligence on America’s leading lawyers for business. Nijman Franzetti was honored to once again be recognized as one of the top environmental practices in Illinois with a Band 1 ranking, a ranking … Continue reading "Nijman Franzetti LLP Receives 2019 Top Chambers USA Recognition"...
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IEPA Seal Orders: The Extent of Section 34 Authority
Section 34 of the Illinois Environmental Protection Act gives the Agency authority to seal equipment, vehicles, vessels, aircraft, or facilities in emergency conditions and conditions creating immediate danger or imminent and substantial endangerment to public health or welfare of the environment. Section 34 gives the Agency authority to issue a seal order in 3 different … Continue reading "IEPA Seal Orders: The Extent of Section 34 Authority"...
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7th Circuit Holds that Contamination Does Not Automatically Mean Irreparable Harm
The 7th Circuit Court of Appeals recently found that a company did not have to conduct any additional cleanup at its site based on a RCRA citizen suit when the company was already conducting a remediation with state oversight. Lajim, LLC v. General Electric Company, Nos. 18-1522 & 18-2880, Decided March 4, 2019. In 2004, Illinois EPA and … Continue reading "7th Circuit Holds that Contamination Does Not Automatically Mean Irreparable Harm"...