EPA Announces New Tenant Protections Under Superfund

| April 30, 2013

EPA has just extended to tenants the Bona Fide Prospective Purchaser (“BFPP”) protection, by which Congress previously exempted certain prospective owners from harsh Superfund liability. Even where the landlord loses its BFPP protection, the new EPA enforcement guidance memo allows tenants to hold onto it, assuming the tenant can meet certain requirements. Traditionally, a tenant derived [...]

Category: Administrative Procedures Act - APA, Bankruptcy and Environmental Law, Environmental Due Diligence, Environmental Risk & Insurance, Federal Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
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Beekeepers File Suit Against the EPA Over Controversial Pesticide Registrations

| April 8, 2013

Beginning in the winter of 2006-2007, bees began to die in  – or simply disappear from – commercial hives around the US. Increasing numbers of beekeepers since then reported similar disappearances of bees, and the phenomenon became known as Colony Collapse Disorder, or CCD. While the exact causes of CCD are unknown, beekeepers and environmental [...]

Category: Administrative Procedures Act - APA, Federal Environmental Law, Federal Insecticide Fungicide and Rodenticide Act (FIFRA) | No Comments »
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Supreme Court Holds That Pre-Enforcement Judicial Review of EPA Administrative Orders Is Allowed

| March 26, 2012

The Supreme Court of the United States has just unanimously ruled that administrative orders issued by the U.S. Environmental Protection Agency (“EPA”) under section 319 of the Clean Water Act (“CWA”) are “final agency actions” subject to judicial review under the Administrative Procedures Act (“APA”). Sackett v. United States EPA, 566 U.S. ____ (2012).

Category: Administrative Procedures Act - APA, Clean Water Act - CWA, Federal Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
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