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Showing 2 posts in Solvents.

On March 1, 2021, the U.S. District Court for the Southern District of Ohio issued a ruling denying in part the summary judgment motion of Defendants Ingersoll-Rand and Trane U.S., against whom Plaintiff FIP Realty Co. brought various claims related to the historic release of VOCs on a site now owned by Plaintiff. See Fip Realty Co. v. Ingersoll-Rand Plc, No. 2:19-cv-03291. After acquiring the site out of receivership in 2010, Plaintiff retained several environmental consulting firms and undertook voluntary remediation efforts pursuant to the Ohio Voluntary Action Program (VAP). Six years later Plaintiff submitted a No Further Action (NFA) letter to the Ohio EPA, which in turn issued a Final Order and Covenant releasing Plaintiff from liability at the site as a result of its successful remediation. In 2019 Plaintiff filed the instant lawsuit seeking to recover remediation costs under CERCLA Sections 107(a) and 113(f)(3)(B), and to obtain a declaratory judgment under Section 113(g)(2) that Defendants are liable for all future costs. Defendants moved for summary judgment on various issues, two of which are the subject of disagreement among the federal appellate courts. Read More »

The D.C. Circuit recently held that EPA was not required to consider mitigation measures taken at a site when determining whether to add the site to the National Priorities List (“NPL”) under CERCLA. Meritor, Inc. v. EPA, No. 18-1325, 2020 WL 4299124 (D.C. Cir. July 28, 2020).

In 2016, the U.S. Environmental Protection Agency (“EPA”) conducted a study of indoor air quality at the Rockwell International Wheel & Trim facility (the “Site”), located in Mississippi, and discovered elevated concentrations of toluene, trichloroethylene (“TCE”), and cis-1,2-dichloroethene (“DCE”) in the main building at the Site. In 2017, Meritor, Inc. (“Meritor”), which inherited liability for contamination at the Site, conducted a subsurface investigation beneath the main building and uncovered elevated levels of toluene and TCE. In that same year, Meritor installed a sub-slab depressurization system designed to mitigate the impacts of vapor intrusion in the main building. In 2018, notwithstanding Meritor’s mitigation efforts, EPA added the Site to the NPL based on vapor intrusion impacts. Read More »