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The Scope of Federal Jurisdiction is Expanded Under the Clean Water Act as “Waters of the United States” is Redefined
By Kristen L. Gale and Drew T. Nishioka On December 30, 2022, United States Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the “Agencies”) announced the final rule updating the definition of “waters of the United States” as defined in 33 CFR 328.3 and 40 CFR 120.2. As the Agencies stated in the … Continue reading "The Scope of Federal Jurisdiction is Expanded Under the Clean Water Act as “Waters of the United States” is Redefined"...
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EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries
On December 15, 2022, United States Environmental Protection Agency (EPA) published a Final Rule to amend EPA’s All Appropriate Inquiries Rule (AAI Rule) effective February 13, 2023. The new rule mandates use of ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments for conducting Phase I Environmental Site Assessments” to comply with EPA’s AAI Rule. … Continue reading "EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries"...
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Superfund $$ Lives on – to 2031 at least!
Jennifer Nijman, Nijman Franzetti LLP We’ve all read about the recent reinstatement of the taxes that fund the Comprehensive Environment Response, Compensation, and Liability Act (CERCLA). The new taxes are hitting the books as of July 1, 2022. Briefly, in addition to requiring responsible parties (PRPs) to either perform clean-up activities or reimburse the government … Continue reading "Superfund $$ Lives on – to 2031 at least!"...
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Seventh Circuit Confirms that the Burlington Northern Decision Did Not Improve the Prospects of Parties Seeking Divisibility and Apportionment at Superfund Sites.
Vince Angermeier Twelve years ago, the Supreme Court injected a bit of common-law common sense into liability for remedial work at Superfund sites. Specifically, under the right set of circumstances (geography, volumetric contribution, operational timeframe, etc.) a liable party might be able to ensure that it pay only for the harms it caused, and not … Continue reading "Seventh Circuit Confirms that the Burlington Northern Decision Did Not Improve the Prospects of Parties Seeking Divisibility and Apportionment at Superfund Sites."...
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IN-HOUSE COUNSEL REVIEW OF COMPANY PRESS RELEASES: PRIVILEGED?
Written by Anne Wahlig Kaup Often a company will issue a timely press release in response to an on-site event that has the potential to impact the local environment. In-house public relations (PR) departments are instructed to work with the company attorneys to ensure there are no inaccuracies in light of anticipated or unforeseen litigation.. … Continue reading "IN-HOUSE COUNSEL REVIEW OF COMPANY PRESS RELEASES: PRIVILEGED?"...