By David J. Miller | Published January 30, 2014 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Superfund (CERCLA) | Tagged Tags: CERCLA, EPA, National Priorities List, NPL, Region 2, Spill Act, Spill Compensation and Control Act, Superfund, Troy Chem, Unimatic, USEPA | Leave a comment
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EPA
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EPA May Add Contaminated New Jersey & New York Sites to Superfund List
On December 11, 2013, the United States Environmental Protection Agency (EPA) added nine contaminated sites to the National Priorities List (NPL) and proposed that an additional eight sites also be added, including sites in New Jersey and New York. The NPL is a list of contaminated sites throughout the United States managed by the EPA Read More
Read MoreNew Standards for Phase I Environmental Site Assessments
On November 6, 2013, the American Society for Testing and Materials (“ASTM”) published new standards for Phase I Environmental Site Assessments (“ESA”). Phase I ESAs are conducted to assess the environmental condition of commercial real estate for potential buyers. The ASTM’s E1527-05 standard has been approved by the Environmental Protection Agency (“EPA”) to satisfy the Read More
Read MoreThird Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal
On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More
Read MoreLieberman & Blecher Paves the Way with 1st Victory for the City of Vineland!
Lieberman Blecher & Sinkevich was hired as special environmental counsel by the City of Vineland concerning the former Pure Earth Recycling facility previously located within the City. Pure Earth was engaged in recycling activities that involved processing contaminated soils, waste oil, and other materials on the property. Pure Earth abruptly ceased operations in 2011 due Read More
Read MoreNJ Community Association Liability for Maintenance of Public Sidewalks
Community Associations are often concerned about the extent of their liability for the maintenance of public rights of way located within their boundaries. The New Jersey Supreme Court recently shed light on this issue in the case of Luchjeko v. Hoboken, where the Court held that condominium associations are not liable to pedestrians injured as Read More
Read MoreRecent Decision by the U.S. Supreme Court Concerning Clean Water Act (Wetlands) Enforcement
Earlier in January, the U.S. Supreme Court heard oral argument in Sacket v. EPA, a Clean Water Act (“CWA”) enforcement case that concerns whether CWA administrative orders are subject to pre-enforcement judicial review. In the Sacket case, the property owners planned to build a home on a one-half acre parcel of land in Idaho. After Read More
Read MoreLawsuits Against the Environmental Protection Agency (EPA)
Ever since Congress created the United States Environmental Protection Agency (or “EPA”) in 1970, one of the Agency’s primary functions has been the enforcement of lawsuits brought against companies and, in some cases, individuals. The EPA has filed thousands of lawsuits all across the country, seeking to enforce legislative edicts that include the Clean Air Read More
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