Last week, the U.S. Court of Appeals for the District of Columbia rejected all but one of the Environmental Defense Foundation’s (“EDF”) challenges to the U.S. Environmental Protection Agency’s (“EPA”) rulemaking implementing a statutory mandate to update the chemical substances inventory under the Toxic Substances Control Act, 15 U.S.C. §§ 2601-2692. See Envtl. Def. Fund. v. U.S. Envtl. Prot. Agency, No. 17-1201, 2019 WL 1867846 (D.C. Cir. Apr. 26, 2019). Read More »

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In yet another installment of the long-running Dico case, on April 11, 2019, the United States Court of Appeals for the Eighth Circuit unanimously affirmed a district court’s $11 million judgment against Dico, Inc., and Titan Tire Corporation, two related entities of Titan International Inc. United States v. Dico Inc., No. 17-3462 (8th Cir. Apr. 11, 2019). The judgment was based on the finding that the entities were “arrangers” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) when they sold contaminated buildings to an unaware buyer in what the Court determined was an intentional act to rid themselves of environmental obligations to safely dispose of PCBs. Read More »

Share | Email| Comments|  Topics: Arranger Liability, CERCLA, Cleanup, Contamination, Cost Recovery, Eighth Circuit, EPA, Iowa, Real Estate, Remediation, Removal, Superfund