
Subscribe for updates
Recent Posts
- Groundwater Connection to Navigable Waters Sufficient for CWA Violation
- Pennsylvania Supreme Court Decides EQT Case, Holding Daily Penalties Do Not Accrue for Continuing Presence of Pollutants In Waters of the Commonwealth
- Pennsylvania Commonwealth Court Holds that Corporate Officer May Be Liable for Deliberate Inaction under Participation Theory
- Fifth Circuit Affirms $81 Million Clean Water Act Civil Penalty
- New Jersey Appellate Division Upholds Historic NRD Settlement; Environmental Groups Appeal
Topics
- Intervention
- New Hampshire
- First Circuit
- PCBs
- Property Damage
- Building Materials
- Groundwater
- Natural Resource Damages
- Brownfields
- Brownfield
- Innocent Party
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Environmental Rights Amendment
- FOIA
- Effluents
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Coal Ash
- Injunction
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Clean Streams Law
- Hearing Board
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Damages
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Fifth Circuit
- Indemnification
- Energy
- Electric
- Ninth Circuit
- Arizona
- OPRA
- Attorney-Client
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Residential
- Freshwater Wetlands Protect Act
- Inspection
- New York
- Federal Energy Regulatory Commission
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- D.C. Circuit
- HAPs
- Hazardous Air Pollutants
- Mercury
- Takings
- Condemnation
- Storage
- Natural Gas
- Fifth Amendment
- Flooding
- Takings Clause
- Causation
- Spill Act
- NEPA
- Mineral Lease Act
- Tenth Circuit
- Interior
- California
- Act 13
- Zoning
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Diligent Prosecution
- Subject Matter Jurisdiction
- Citizen Suit
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Riverbed
- Equal-Footing Doctrine
- Montana
- Navigability
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Bona Fide Prospective Purchaser
- Green House Counsel
- Laches
- Boiler MACT
- CISWI
- Delay Notice
- EPA
- Rulemaking
- Consent Decree
- Enforcement
- Equity
- Contribution
- Declaratory Relief
- Second Circuit
- Procedure
- NPDES
- Standing
- Dimock
- Medical Monitoring
- Case Update
- Legislation
- Certification
- Contamination
- Dukes
- Louisiana
- CLE
- Discovery
- Expert Witness
- Privilege
- Work Product
- Defense Costs
- Insurance
- Remediation
- Response Action Contractors
- Consultant Liability
- Negligence
- Donovan
- Rapanos
- Army Corps
- Hog Barn
- Kentucky
- Class Actions
- Nuisance
- Odors
- Trespass
- Farming
- ISRA
- Administrative Hearing
- Informal Agency Action
- New Jersey
- Railroad
- Air
- RCRA
- Waste
- Cancer
- Combustion
- Emissions
- CERCLA
- Speaking Engagements
- Removal
- Third Circuit
- Toxic Torts
- Federal Procedure
- Clean Air Act
- Permits
- Statute of Limitations
- Title V
- Cost Recovery
- Cleanup
- Superfund
- Supreme Court
- Camp Lejeune
- Multi-District Litigation
- Statute of Repose
- Tolling
- Due Process
- Marcellus Shale
- Enforcement Action
- Mineral Rights
- Wetlands
- Cases to Watch
- Administrative Procedures Act
- Deeds
- Clean Water Act
- Exploration
- Leases
- Oil and Gas
- Royalties
- Decisions of Note
- Real Estate
- Drilling
Blog editor
Blog Contributors
Showing 6 posts in Landfill.
In an opinion issued on February 12, 2018 in the case of Cooper Crouse-Hinds LLC et al. v. City of Syracuse et al., Case No. 5:16-cv-01201 (N.D.N.Y. Feb. 12, 2018), Judge Mae D’Agostino of the United States District Court for the Northern District of New York weighed in on the issue of when state court orders for removal and remediation resolve a potentially responsible party's liability to the government under Section 113 of CERCLA, and in this case allowing, for at least the time being, Section 107 claims to proceed where there was no clear guidance from the Second Circuit. Read More »
On November 8, 2017, the Pennsylvania Environmental Hearing Board (the “Board”) issued an adjudication in Friends of Lackawanna v. DEP, EHB Docket No. 2015-063-L (Adjudication issued Nov. 8, 2017), in which the Board upheld the Pennsylvania Department of Environmental Protection’s (“DEP”) issuance of a renewal of Keystone Sanitary Landfill, Inc’s (“Keystone”) solid waste management permit for the Keystone Landfill. At the same time, the Board added a condition to the permit requiring Keystone to prepare a groundwater assessment plan based on groundwater degradation observed in one of its monitoring wells. Interspersed throughout this decision was language that shed additional light on the Board’s view of how Article I, Section 27 of the Pennsylvania Constitution, often referred to as the Environmental Rights Amendment, applies to DEP permitting decisions. Read More »
Last week, a federal district court in Alabama rejected motions to dismiss a RCRA declaratory judgment and injunctive relief action filed by an environmental interest group against a group of defendants including an Alabama manufacturer that formerly used and disposed of materials containing perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”). Tennessee Riverkeeper, Inc. v. 3M Co. et al., No. 16-1029-AKK (Feb. 10, 2017 N.D. Ala.). This decision follows a chain of increasing regulatory and private scrutiny of PFOA and PFOS. In May 2016, EPA released more stringent drinking water standards for PFOA and PFOS, and firms that use, used, or disposed of one or both of the chemicals are frequently becoming the targets of regulatory and private enforcement efforts like this one. Read More »
In an unpublished opinion issued last week, the Appellate Division of the New Jersey Superior Court found that a local ordinance that declares as a nuisance “the escape into the open air . . . of smoke, fly ash, dust, fumes, vapors, mists, or gases as to cause injury, detriment or annoyance . . .” is neither preempted by the New Jersey Solid Waste Management Act (“SWMA”) nor unconstitutionally broad or vague. The case, New Jersey v. Strategic Environmental Partners, LLC, No. A-4968-13T4, was decided on November 19, 2015 by Judges Messano and Simonelli. Read More »
On August 1, 2014, the Ninth Circuit Court of Appeals handed down a decision in Arizona v. Raytheon Co., No. 12-15691 (9th Cir. Aug. 1, 2014), that may give trial courts some pause before approving future CERCLA settlements. At issue was whether the trial court failed to adequately scrutinize consent decrees entered into between the Arizona Department of Environmental Quality (the “ADEQ”) and twenty-two Potentially Responsible Parties (“PRPs”) allegedly liable under CERCLA for contamination at the Broadway-Patano Landfill Site. The majority opinion held that the trial court’s deference to the AQED’s judgment that the settlements were fair and reasonable was impermissible, and sent the case back down for a more thorough fairness hearing. However, the more important aspect of the decision may be that, in dicta, the Court concluded that “[e]ven if EPA had been a party to the proposed consent decrees in this case, the district court would have failed to fulfill its duty to independently scrutinize the parties’ agreements.” Id. at 21. Read More »
Yesterday, the Superior Court of New Jersey, Appellate Division, handed down a decision that should provide some solace to property owners of condemned property who often find themselves in the position of paying for remediation of a property which they no longer own and for which they’ve never received payment. Read More »