Jenner & Block

Corporate Environmental Lawyer Blog

April 9, 2014 IICLE Releases New Environmental Law Publication

Grayson_Lynn_COLOR

By: E. Lynn Grayson

 

The Illinois Institute for Continuing Legal Education (IICLE) has released a new publication titled Environmental Law in Illinois Corporate and Real Estate Transactions 2014 Edition.

According to IICLE, this publication is a unique resource that balances Illinois business and real estate practice with environmental law issues. Whether you represent commercial landlords, manufacturers, real estate developers, government agencies, or private landowners, this handbook will prepare you to tackle any environmental issue. It also includes guidance on how to conduct an "all appropriate inquiries" investigation in a real estate transaction, the environmental due diligence process, practice in various environmental forums in Illinois, programs and redevelopment incentives to return brownfields to productive use, and how federal bankruptcy law intersects with environmental issues in real estate transaction.

The following chapters in this publication were authored by Jenner & Block EHS lawyers.

* * *

Chapter 3 – Environmental Considerations in Corporate and Real Estate Transactions
E. Lynn Grayson, Jenner & Block LLP, Chicago

Chapter 4 – Lender Liability Under Environmental Laws for Real Estate and Corporate Transactions
Gabrielle Sigel and Alexander J. Bandza, Jenner & Block LLP, Chicago

 * * *

Chapter 5 – Illinois Environmental Forums
Steven M. Siros and Seth J. Schriftman, Jenner & Block LLP, Chicago

 * * *

Chapter 10 – Treatment of Environmental Obligations in Bankruptcy
Christine L. Childers, First American Bank, Elk Grove Village, and Keri L. Holleb Hotaling, Jenner & Block, Chicago

The publication is available from IICLE at http://iicle.inreachce.com/.

 

 

 

 

 

CATEGORIES: Air, Cercla, Climate Change, FIFRA, Greenhouse Gas, Hazmat, OSHA, RCRA, Sustainability, Toxic Tort, TSCA, Water

March 14, 2014 Steve Siros and Allison Torrence Presenting At CBA Seminar On Environmental Law

Torrence_Allison_COLORBy: Allison A. Torrence

 

On Wednesday, March 19, 2014, Jenner & Block attorneys, Steve Siros and Allison Torrence, will be speaking at a Chicago Bar Association CLE Seminar. The Seminar is titled "Hot Topics in Environmental Law". Steve Siros will be presenting on TSCA: Green Chemistry and Other Reform Issues and Allison Torrence, who is the Legislative Liaison for the CBA Environmental Law Committee, will be presenting on Legislative Updates in Illinois.

The seminar is on March 19, 2014 from 3 – 6 pm at the Chicago Bar Association, 321 S. Plymouth Court.

Speakers and Topics:

CLEAN AIR ACT: DEVELOPMENTS IN THE STARTUP, SHUTDOWN AND MAINTENANCE (SSM) DEFENSE
Karl Karg, Latham & Watkins

ENDANGERED SPECIES ACT: LITIGATION HOOKS AND OPPORTUNITIES
Rebecca Riley, National Resources Defense Council

TSCA: GREEN CHEMISTRY AND OTHER REFORM ISSUES
Steven M. Siros, Jenner & Block LLP

CERCLA: 2013 UPDATES TO ASTM'S PHASE I ESA STANDARD
Erin Veder, ENVIRON

ENFORCEMENT UPDATES
Robert Peachy, U.S. Environmental Protection Agency

LEGISLATIVE UPDATE
Allison Torrence, Jenner & Block LLP

MODERATOR:
Margrethe K. Kearney, Latham & Watkins LLP; Chair, CBA Environmental Law Committee

For more information and to register for the seminar visit www.chicagobar.org/cle.

CATEGORIES: Air, Cercla, TSCA

PEOPLE: Allison A. Torrence

February 26, 2014 Green Climate Fund Board Makes Key Decisions On Operations

Holleb_Hotaling_Keri_COLORBy Keri L. Holleb Hotaling

 

Last week, the Board of the Green Climate Fund (the "Fund") met in Bali, Indonesia. The Fund was designated as an operating entity of the financial mechanism of the United Nations Framework Convention on Climate Change ("UNFCCC"). The Fund's purpose is to promote, within the context of sustainable development, the "paradigm shift towards low-emission and climate-resilient development pathways by providing support to developing countries to help limit or reduce their greenhouse gas emissions and to adapt to the unavoidable impacts of climate change." The United States and other industrialized countries at the 2009 climate summit in Copenhagen pledged $100 billion a year to the Fund—from public and private sources—as climate aid beginning in 2020.

During the three-day meetings in Bali, the Fund's Board members agreed, among other things, that the Fund will aim for a 50:50 balance between mitigation and adaptation efforts and designate 50% of adaptation funding for "particularly vulnerable countries," including least developed countries, small island developing states and African states. The Board of the Fund also determined that it will maximize engagement with the private sector and be a leader on "gender mainstreaming" and will define its gender action plan in October 2014. Click here for a link to the press release.

CATEGORIES: Air, Cercla, Climate Change, FIFRA, Greenhouse Gas, RCRA, Sustainability, TSCA, Water

PEOPLE: Keri L. Holleb Hotaling

February 24, 2014 More Keystone Pipeline Woes

Grayson_Lynn_COLOR By:  E. Lynn Grayson

 

In Thomson v. Heineman, a Nebraska court has struck down 2012 legislation that paved the way for state regulatory approval of the Keystone XL pipeline proposed route in Nebraska. The Nebraska District Court granted plaintiffs' request for an injunction barring the state from enforcing LB 1161 – regulation which created an expedited means of approving the proposed pipeline routes and vesting authority in the Department of Environmental Quality and the governor the power to grant final approval.

The court ruled the power to evaluate and approve oil pipeline routes falls within the constitutionally enumerated powers of the state Public Service Commission. Accordingly, the legislation violates the separation of powers clause of the state constitution.

Nebraska's attorney general has said that the state will appeal the ruling.

This regulation had been the subject of much discussion and debate since its passage pitting local and national forces for and against the pipeline. The legislation allowing quicker approval of the proposed pipeline route aided the overall strategic plans for pushing ahead with this controversial project. While this new court ruling is another delay for the Keystone pipeline, it is possible legislators may attempt to pass a new version of the law. For the pipeline project in general, the court's ruling is simply another challenge that will need to be overcome or managed moving forward.

The court's ruling in Thomson v. Heineman, Neb. Dist. Ct., No. CI-12-2060, (2/19/14) can be viewed here.

CATEGORIES: Cercla, Climate Change, Greenhouse Gas, Hazmat, Sustainability

February 14, 2014 Jenner To Host CBA Seminar On The Future Of Environmental Law

Torrence_Allison_COLORBy:  Allison A. Torrence

 

On Tuesday, February 25, 2014, from 3-6 pm, Jenner & Block will host a seminar presented by the Chicago Bar Association Young Lawyers Section Environmental Law Committee. The seminar is titled "The Future of Environmental Law" and will address substantive changes on the horizon and how they will impact the future of environmental law. Jenner & Block Partner Lynn Grayson will be one of the featured speakers. Jenner & Block Attorney Allison Torrence, who is also the co-chair of the Young Lawyers Section Environmental Law Committee, will be moderating the seminar. Jenner & Block is also hosting a reception immediately following the seminar.

SEMINAR SPEAKERS:

David A. Dana
, Kirkland & Ellis; Professor of Law, Northwestern University School of Law

James P. Gignac, Environmental and Energy Counsel, Illinois Attorney General's Office

E. Lynn Grayson, Partner, Jenner & Block LLP

A. Dan Tarlock, Distinguished Professor of Law and Director of the Program in Environmental and Energy Law, IIT Chicago-Kent College of Law

Bertram C. Frey, Deputy Regional Counsel, U.S. EPA Region 5

MODERATORS:

Ashley L. Thompson, Schiff Hardin LLP

Allison A. Torrence, Jenner & Block LLP

For more information and to register for the seminar visit www.chicagobar.org/cle.

CATEGORIES: Air, Cercla, Climate Change, Greenhouse Gas, Sustainability, Water

PEOPLE: Allison A. Torrence

February 13, 2014 EPA 2013 Enforcement Results: Higher Penalties With Fewer Enforcement Proceedings

Siros_Steven_COLORBy:  Steven M. Siros

 

U.S. EPA recently released its 2013 enforcement report, which highlights the $5.6B in fines, restitution and court-ordered environmental projects that U.S. EPA obtained in civil and criminal enforcement proceedings in 2013 (as compared to $200M in 2012). It should be noted, however, that the Deepwater Horizon events themselves accounted for $5B of the $5.6B collected by U.S. EPA in 2013. Two additional matters accounted for $450M of the remaining $600M collected by U.S. EPA. 

U.S. EPA acknowledged that it pursued 20% fewer enforcement cases in 2013 although the magnitude of the Deepwater Horizon prosecution provides a partial explanation for this enforcement decrease. However, this enforcement decline is consistent with U.S. EPA's draft Strategic Plan for 2014-2018 which was the subject of an earlier blog post . As discussed in the earlier post, instead of focusing on the numeric volume of enforcement cases, U.S. EPA's strategic plan proposes to target larger and more complex environmental violations and violaters. 

Please click here to go to U.S. EPA's 2013 enforcement results website. 

CATEGORIES: Air, Cercla, Climate Change, FIFRA, Greenhouse Gas, Hazmat, RCRA, Sustainability, Toxic Tort, TSCA, Water

February 11, 2014 EPA Signs Final E-Manifest Rule

Grayson_Lynn_COLORBy:  E. Lynn Grayson

 

EPA signed a final rule authorizing the use of electronic manifests for hazardous waste transportation as an alternative to paper manifests traditionally relied upon. The final rule will authorize the use of electronic hazardous waste manifests that will become available when EPA establishes a new electronic hazardous waste manifest system (e-manifest). The modification will provide waste handlers with the option to complete, sign, transmit, and store manifest information electronically in the electronic system. States that currently receive and collect paper manifest copies will receive copies of manifest data electronically from the system.

On October 5, 2012, President Obama signed into law, the Hazardous Waste Electronic Manifest Establishment Act which authorizes the EPA to implement a national electronic manifest system. Commonly referred to as "e-manifest", this national system is envisioned to be implemented by the EPA in partnership with industry and states.

Milestones for EPA Actions:

  • The Act requires that the e-Manifest Information Technology (IT) system must be up and running within three years after the Act is passed
  • The EPA must issue regulation authorizing use of electronic manifests within one year after the Act is passed
  • The EPA must establish a System Advisory Board within three years after the Act is passed in order to advise the EPA on system performance and user fees

Scope provisions:

  • e-Manifest extends to all federally- and state-regulated wastes requiring manifests
  • Allows that the use of electronic manifests is optional for users, and authorizes centralized collection of data from electronic and paper manifests

Fee and spending provisions:

  • Authorizes the EPA to collect reasonable user fees for all system related costs including development and maintenance

The rule is intended to streamline the uniform manifest system making it more cost-effective and user friendly. A pre-publication version of the final rule is available on the EPA website via http://www.epa.gov/epawaste/hazard/transportation/manifest/e-man.htm.

CATEGORIES: Cercla, Hazmat, RCRA, Toxic Tort

January 29, 2014 Environmental & Energy Cert. Petition Watch

Bandza_Alexander_COLORBy:  Alexander J. Bandza

 

As part of the "Environmental & Energy Cert. Petition Watch" project, in the past week, the following EHS-related petitions have been filed, denied, or granted. For a full list of EHS-related cert. petitions submitted from August 2013 through the present (as of January 27, 2014), click here.

I.          FILED

(None.)

II.         DENIED

FINR II, Inc. v. CF Industries, Inc., No. 13-636

Lower Court: Florida First District Court of Appeal

Subject: Due Process Clause

Question(s) Presented: Does the due process clause of the Fifth and Fourteenth Amendments to the United States Constitution guarantee a private property owner the right to present evidence in a state administrative hearing concerning the impacts of activities authorized under a state environmental permit on its property rights?

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-636.htm

Bankert v. Bernstein, No. 13-568

Lower Court: 7th Cir.

Subject: CERCLA

Question(s) Presented: (1.) Whether the triggering event for a right to contribution under § 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9613(f)(3)(B), occurs at the completion of environmental clean-up order under a consent decree with the United States as opposed to the entry of the settlement. (2.) Whether contribution rights under § 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9613(f)(3)(B), are unavailable to a potentially responsible party when that potentially responsible party enters into a settlement decree with the United States but has not yet fully performed its settlement obligation, but has an effective covenant not to sue if it complies with the settlement. (3.) Whether the Respondents' Indiana state law claims were barred by the statute of limitations.

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-568.htm

III.        GRANTED

(None.)

CATEGORIES: Cercla

January 29, 2014 U.S. Supreme Court Declines To Review 7th Circuit CERCLA Case

Torrence_Allison_COLORBy:  Allison A. Torrence

 

The U.S. Supreme Court has denied cert in the widely-followed case of Bernstein v. Bankert, No. 13-568, declining to review the Seventh Circuit's ruling on the availability of CERCLA cost recovery and contribution actions following entry of an Administrative Order on Consent ("AOC") with U.S. EPA. The Seventh Circuit originally ruled on this case on December 19, 2012, and then issued an Amended Opinion on July 31, 2013, in order to clarify its opinion. As discussed previously in this blog, the Seventh Circuit addressed, among other things, the circumstances in which a plaintiff can bring a contribution claim under section 113 of CERCLA verses a cost recovery claim under section 107 of CERCLA. The Seventh Circuit held that the plaintiff did not have a contribution claim under section 113 of CERCLA because the AOC at issue did not resolve the plaintiff's liability until the remediation work was completed and the covenant not to sue from U.S. EPA was effective (which had not yet occurred). Because the plaintiff did not have a CERCLA 113 claim, the court held that it could pursue a cost recovery claim under section 107 of CERCLA. The court's amended opinion explained that although the AOC in the Bernstein case did not trigger contribution rights because the covenant not to sue was not effective until remedial work was completed, U.S. EPA can enter into settlement agreements with future parties that contain an immediately-effective release from U.S. EPA, in which case, the party will have resolved its liability and could seek contribution under section 113 of CERCLA.

Now that the U.S. Supreme Court has denied cert, Bernstein is the law in the Seventh Circuit. When a party to a CERCLA AOC with U.S. EPA seeks to recover the costs it has incurred under that AOC, trial courts in the Seventh Circuit will have to closely evaluate the terms of the AOC to determine what type of CERCLA claim can be brought. If the AOC does not have an immediately-effective release from U.S. EPA, the courts will likely find that contribution is not ripe, and that the party to the AOC should instead bring a section 107 cost recovery action.

To date, no other circuit court has taken a position similar to the Seventh Circuit. However, federal courts across the county continue to see numerous CERCLA cases and other circuit courts will likely be called on to address issues similar to those in Bernstein in the near future. Litigants will continue to challenge the boundaries and intersection of CERCLA 107 and 113 claims, and these issues may very well be back before the Supreme Court before long.

CATEGORIES: Cercla

January 24, 2014 Environmental & Energy Cert. Petition Watch

Bandza_Alexander_COLORBy:  Alexander J. Bandza

 

As part of the "Environmental & Energy Cert. Petition Watch" project, in the past week, the following EHS-related petitions have been filed, denied, or granted. For a full list of EHS-related cert petitions submitted from August 2013 through the present (as of January 20, 2014), click here.

I.    FILED

Village of Hobart v. Oneida Tribe of Indians of Wisconsin, No. 13-847

Lower Court: 7th Cir.

Subject: Clean Water Act

Question(s) Presented: (1.) Whether Congress' waiver of the federal government's sovereign immunity, under § 313(a) of the CWA, for enforcement of local stormwater management ordinances, for "any property" over which it has "jurisdiction," applies to land taken into trust pursuant to 25 U.S.C. § 465. (2.) Whether lands acquired by an Indian tribe pursuant to 25 U.S.C. § 465, within its former *ii reservation boundaries are, removed from state jurisdiction because, as the Seventh Circuit ruled, they are reclassified as "Indian Country."

Source: http://www.supremecourt.gov/search.aspx?filename=/docketfiles/13-847.htm

In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, No. 13-842

Lower Court:  2d. Cir.

Subject: Clean Air Act

Question(s) Presented: (1.) Whether a claim is ripe when it is predicated on a plaintiff's potential future injury and mere good faith intent to take steps in 15 to 20 years that could, depending on a chain of uncertain events, cause the plaintiff to suffer an actual injury some day in the future. (2.) Whether the federal oxygenate mandate in the Clean Air Act Amendments of 1990, 42 U.S.C. § 7545 (2000), preempts a state-law tort award that imposes retroactive liability on a manufacturer for using the safest, feasible means available at the time for complying with that mandate.

Source: http://www.supremecourt.gov/search.aspx?filename=/docketfiles/13-842.htm

II.    DENIED

Chubb Custom Ins. Co. v. Space Systems/Loral, LLC, No. 13-412

Lower Court: 9th Cir.

Subject: CERCLA

Question(s) Presented: May a subrogated insurer, after paying environmental response costs its insured incurred remediating a contaminated site, step into the insured's shoes and pursue, against the persons responsible for the pollution, the cost-recovery action its insured could have pursued under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) section 107(a), or did Congress intend, as the Ninth Circuit's divided panel has held here, to restrict CERCLA subrogation rights in such circumstances to persons who compensate "claimants" under section 112, compelling insured remediators to satisfy a pre-suit claim requirement that was enacted to apply only to persons who seek reimbursement from the Superfund, not to civil actions under section 107(a).

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-412.htm

American Road & Transp. Builders Ass'n v. EPA, No. 13-145

Lower Court: D.C. Cir.

Subject: Clean Air Act

Question(s) Presented: (1.) Does [CAA] §307(b)(1) allow petitioning for direct review within 60 days of the denial of a [5 U.S.C.] §553(e) petition that presents after-arising issues? (2.) Does §307(b)(1) prohibit indirect review of an agency rule - outside the original 60-day window - if made as part of a timely challenge to new agency action that applies the prior rule?

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-145.htm

III.    GRANTED

(None.)

CATEGORIES: Cercla

January 14, 2014 Environmental & Energy Cert. Petition Watch

Bandza_Alexander_COLORBy:  Alexander J. Bandza

 

As part of the "Environmental & Energy Cert. Petition Watch" project, in the past week, the following EHS-related petitions have been filed, denied, or granted. For a full list of EHS-related cert. petitions submitted from August 2013 through the present (as of January 12, 2014), click here.

I. FILED

Simmons v. Sabine River Authority, No. 13-815

Lower Court: 5th Cir.

Subject: Federal Power Act

Question(s) Presented: "Whether the Federal Power Act preempts Petitioners' property damage tort and takings claims caused by the operation of the licensee of a FERC-licensed dam project, where the provisions of the FPA have explicitly saved and reserved such claims to the property owners."

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-815.htm

II. DENIED

(None.)

III. GRANTED

CTS Corp. v. Waldburger, No. 13-339

Lower Court: 4th Cir.

Subject: CERCLA

Question(s) Presented: "For certain state-law tort actions involving environmental harms, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts the state statute of limitations' commencement date and replaces it with a delayed commencement date provided by federal law. . . . The question presented is: Did the Fourth Circuit correctly interpret 42 U.S.C. § 9658 to apply to state statutes of repose in addition to state statutes of limitations?"

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-339.htm

CATEGORIES: Cercla

January 8, 2014 EPA Issues Final Rule Confirming New ASTM E1527-13 Standard Will Meet “All Appropriate Inquiries” Under CERCLA, Older ASTM E1527-05 Standard Still Good . . . For Now

Bandza_Alexander_COLORBy:  Alexander J. Bandza

 

On December 30, 2013, the US EPA issued its final rule confirming that the new ASTM E1527-13 standard, in addition to the older ASTM E1527-05 standard, is acceptable for prospective purchasers of real property to conduct "All Appropriate Inquiries" (AAI) under CERCLA. The Final Rule can be found here and became effective on December 30, 2013. In conjunction with the Final Rule, the US EPA issued its responses to comments, available here.

By way of background, the US EPA previously proposed regulations that would endorse E1527-13 as an additional industry standard to satisfy AAI. Specifically, entities would have the option of using E1527-13, but were still free to follow E1527-05. Anticipating that offering an additional AAI-compliant standard would be a noncontroversial action, the US EPA issued its proposed rule and an identical direct final rule in August 2013. However, after receiving adverse comments, the US EPA withdrew its direct final rule in October 2013. In general, the comments reflected a concern that the availability of both standards would create uncertainty as to the degree of due diligence necessary to satisfy AAI.

In issuing the Final Rule, the US EPA took the middle road. First, it confirmed that the newer E1527-13 standard would satisfy AAI, although it left untouched the AAI rule's endorsement of the older E1527-05 standard. Second, the US EPA stated its intent to propose a separate rulemaking to amend the AAI rule to remove the reference to the older E1527-05 standard. However, in this Final Rule, the US EPA recommended that prospective purchasers start using the E1527-13 standard now in light of its improvements and clarifications. According to the US EPA, these improvements and clarifications include:

  • an updated definition of ''Recognized Environmental Condition (REC)";
  • an updated definition of ''Historical Recognized Environmental Condition (HREC)";
  • a new term, ''Controlled Recognized Environmental Condition (CREC)";
  • a clarification to the definition of ''de minimis condition";
  • a revised definition of ''migrate/migration'' to specifically include vapor migration;
  • a revised definition of ''release'' to clarify that the definition has the same meaning as the definition of release in CERCLA; and
  • additional guidance related to the regulatory agency file and records review requirement to provide a standardized framework for verifying agency information obtained from key databases.

In sum, practitioners advising clients on real property transactions must recognize that they now operate in a transitional period. As of today, the Final Rule confirms that both the new E1527-13 standard and the older E1527-05 standard will satisfy AAI. But, in the near future, a proposed rulemaking might eliminate the possibility of using the older E1527-05 standard to satisfy AAI. Accordingly, practitioners are encouraged to begin transitioning to E1527-13 as soon as practicable. And if their environmental consultants continue to use E1527-05 for due diligence in a real property transaction, practitioners should make it a point to confirm whether the older standard still satisfies the AAI rule.

We will provide updates on further developments when they become available.

CATEGORIES: Cercla

January 3, 2014 Sale Of Hazardous Materials On Craigslist Triggers CERCLA Liability

Siros_Steven_COLORBy:  Steven M. Siros

 

In 2006, a small screen print shop owner advertised a semi-trailer for sale on Craigslist. For $900, a buyer could purchase the trailer by itself. However, for $300 less, the trailer could be purchased "as is." "As-is" turned out to be a trailer filled with various containers of screen printing materials (some of which were hazardous materials). In what probably should not come as a surprise, someone bought the trailer "as-is".  The purchaser subsequently emptied the contents of the trailer onto what is now known as the Cherokee Print Shop Wastes Superfund Site in Denver, Colorado. U.S. EPA incurred in excess of $70,000 to remediate the contamination from the now empty trailer.

U.S. EPA commenced enforcement proceedings against the print shop owner to recover its response costs.  U.S. EPA ultimately entered into an ability to pay consent order which required the print shop owner to contribute $600 (the amount received for the trailer) to the $70,000 site cleanup. Click here to see a copy of the court's order approving the consent order.

CATEGORIES: Cercla

January 2, 2014 Environmental & Energy Cert. Petition Watch

Bandza_Alexander_COLORBy:  Alexander J. Bandza

 

As part of the "Environmental & Energy Cert. Petition Watch" project, in the past week, no EHS-related petitions have been filed, denied, or granted. The following three EHS-related petitions are set for conference early next year (Jan. 10, 2014). For a full list of EHS-related cert. petitions submitted from August 2013 through the present (as of December 23, 2013), click here.

American Road & Transp. Builders Ass'n v. EPA, No. 13-145

Lower Court: D.C. Cir.

Subject: Clean Air Act

Question(s) Presented: "(1) Does [CAA] §307(b)(1) allow petitioning for direct review within 60 days of the denial of a [5 U.S.C.] §553(e) petition that presents after-arising issues? (2) Does §307(b)(1) prohibit indirect review of an agency rule - outside the original 60-day window - if made as part of a timely challenge to new agency action that applies the prior rule?"

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-145.htm

Chubb Custom Ins. Co. v. Space Systems/Loral, LLC, No. 13-412

Lower Court: 9th Cir.

Subject: CERCLA

Question(s) Presented: "May a subrogated insurer, after paying environmental response costs its insured incurred remediating a contaminated site, step into the insured's shoes and pursue, against the persons responsible for the pollution, the cost-recovery action its insured could have pursued under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) section 107(a), or did Congress intend, as the Ninth Circuit's divided panel has held here, to restrict CERCLA subrogation rights in such circumstances to persons who compensate "claimants" under section 112, compelling insured remediators to satisfy a pre-suit claim requirement that was enacted to apply only to persons who seek reimbursement from the Superfund, not to civil actions under section 107(a)?"

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-412.htm

CTS Corp. v. Waldburger, No. 13-339

Lower Court: 4th Cir.

Subject: CERCLA

Question(s) Presented: "For certain state-law tort actions involving environmental harms, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts the state statute of limitations' commencement date and replaces it with a delayed commencement date provided by federal law. . . . The question presented is: Did the Fourth Circuit correctly interpret 42 U.S.C. § 9658 to apply to state statutes of repose in addition to state statutes of limitations?"

Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-339.htm

CATEGORIES: Cercla

December 19, 2013 Three New Superfund Sites Named In Indiana

Grayson_Lynn_COLORBy E. Lynn Grayson

 

The U.S. Environmental Protection Agency has added three contaminated sites in Indiana to the Superfund National Priorities List:

    1.    Beck's Lake in South Bend, a public recreation area contaminated with arsenic from past waste disposal activities;

    2.    Garden City Ground Water Plume in Garden City where drinking water wells are impacted with TCE; and,

    3.    Keystone Corridor Ground Water Contamination site in Indianapolis where PCE and TCE have been found in soil and groundwater from former dry cleaning operations. 

More information about EPA's latest additions to the National Priorities List is available at: http://www.epa.gov/superfund/sites/npl/current.htm. A complete list of EPA Region 5 Superfund sites can be found at: http://www.epa.gov/region5/cleanup/index.htm.

CATEGORIES: Cercla, Hazmat, RCRA, Water