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Seventh Circuit Confirms that the Burlington Northern Decision Did Not Improve the Prospects of Parties Seeking Divisibility and Apportionment at Superfund Sites.
Vince Angermeier Twelve years ago, the Supreme Court injected a bit of common-law common sense into liability for remedial work at Superfund sites. Specifically, under the right set of circumstances (geography, volumetric contribution, operational timeframe, etc.) a liable party might be able to ensure that…
IN-HOUSE COUNSEL REVIEW OF COMPANY PRESS RELEASES: PRIVILEGED?
Written by Anne Wahlig Kaup Often a company will issue a timely press release in response to an on-site event that has the potential to impact the local environment. In-house public relations (PR) departments are instructed to work with the company attorneys to ensure there…
EPA’s DIRECT FINAL RULE APPROVING STANDARD ASTM E1527-21 FOR PHASE I ENVIRONMENTAL SITE ASSESSMENTS
On March 14, 2022, EPA issued a proposed and direct final rule which amends “all appropriate inquiry (AAI)” to include ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” The 2021 standard contains updates, modifications, and clarifications intended to…
Illinois Environmental Justice Legislation Update
Illinois House Bill 4093 Summary On March 4, 2022, the Illinois House of Representatives passed House Bill 4093, which creates new environmental justice ("EJ") related provisions and amendments in the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq (“Act”). HB 4093 (the "EJ Bill")…
OEHHA Issues Proposed Amendments to Prop 65 Short-Form Product Warning Rules
The California Office of Environmental Health Hazard Assessment (OEHHA) published a notice of modified text on December 13, 2021 to its proposed short-form warning regulations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65). OEHHA had initially proposed amendments to its…