Abigail M. Jones, Esq. | January 10, 2012
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups’ motion to intervene in a lawsuit between the District of Columbia (“District”) and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, “Pepco”), which concerned a consent decree under the Resource Conservation and Recovery Act (“RCRA”) entered into between the District and [...]
Category: Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: environmental litigation, RCRA
Abigail M. Jones, Esq. | November 30, 2011
The U.S. Court of Appeals for the Third Circuit recently held that the U.S. District Court for the District of New Jersey could not abstain from hearing a citizen suit case brought under both the federal Clean Water Act and the federal Resource Conservation and Recovery Act, and which sought an injunction requiring the defendant [...]
Category: Clean Water Act - CWA, Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: abstention, environmental litigation, federal courts
Abigail M. Jones, Esq. | October 3, 2011
In Litgo New Jersey, Inc. v. Martin, 2011 U.S. Dist. LEXIS 2033 (D.N.J. Jan. 7, 2011) (denying Motion for Rehearing), the sole shareholder of company (a single-purpose entity) that owned a contaminated property was found liable as a “current operator” under CERCLA § 107(a) because he had “actual control over the day-to-day operations on the [...]
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, Owner or Operator Liability, potentially responsible party, PRP
Abigail M. Jones, Esq. | September 20, 2011
On June 6, 2011, the Supreme Court of the United States ended a decade of litigation when it denied a writ of certiorari (i.e., refused to review) a 2010 decision of the D.C. Circuit Court of Appeal which affirmed the trial court’s decision deny General Electric’s (“GE”) attack on the constitutionality of the U.S. Environmental [...]
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, environmental litigation, EPA, US Constitution, us supreme court
Abigail M. Jones, Esq. | September 7, 2011
The Second Circuit Court of Appeals threw out two claims under RCRA for failure to specify the specific contaminants alleged to cause the complained-of harm in the Notice of Intent to Sue.
Category: Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: citizen suit, contaminant, disposal, hazardous waste, RCRA
Abigail M. Jones, Esq. | August 18, 2011
In DVL Inc. v. General Electric Co., 2010 U.S. Dist. LEXIS 128810 (N.D.N.Y. Dec. 6, 2010), the United States District Court for the Northern District of New York clarified what constitutes proper use of circumstantial evidence to establish “arranger”
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: arranger liability, CERCLA, potentially responsible party, PRP
James J. Periconi, Esq. | June 9, 2011
In City of Los Angeles v. San Pedro Boat Works, –F.3d– (9th Cir. Mar. 14, 2011), the Ninth Circuit held that the holder of a revocable permit to operate a boat works, which is a facility for repair, maintenance and rebuilding of ships and boats, is not an owner for purpose of determining who is [...]
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, Owner, Permittee, potentially responsible party
James J. Periconi, Esq. | March 29, 2011
In a case decided earlier this month from the U.S. District for Idaho, the Court imposed arranger and operator liability on the United States based on its permitting procedures and requirements at mining operations on federal lands. Nu-West Mining Inc. v. United States, Case No.: 4:09-CV-431 (D. Idaho March 4, 2011). The subject site is [...]
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: arranger liability, CERCLA, mining sites, operator liability, potentially responsible party
James J. Periconi, Esq. | May 28, 2010
I’m speaking about the Gulf of Mexico oil crisis that began in late April, of course. Few environmental catastrophes have shocked the nation more than the huge, continuing, unremitting flow of many thousands of gallons per hour of oil for seemingly an interminable period, with no end in sight. The Deepwater Horizon drilling rig blew
Category: Federal Environmental Law, Oil Spill Cases, Superfund (CERCLA & State Superfund) |
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Tags: deepwater horizon, drilling rig, gowanus canal, gulf of mexico, newtown creek, oil spill
James J. Periconi, Esq. | March 10, 2010
On March 2, 2010, the EPA listed the Gowanus Canal in Brooklyn on the National Priorities List (NPL), making it a federal Superfund site. The New York State Department of Environmental Conservation urged EPA to consider
Category: Environmental Contamination & General Liability in New York, Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: gowanus canal, industrial waterway, National Priorities List, New York State Department of Environmental Conservation, NPL, potentially responsible party, PRP
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