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CERCLA/Superfund News

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Hurricane Harvey Recovery Resources Available
September 1, 2017

To aid in your recovery efforts, B&D will be updating a regulatory resource page for industry post-hurricane. Find links to helpful EPA, TCEQ, DOT, OSHA sites as well as updates like governors’ proclamations of disaster.


CERCLA Task Force Issues Recommendations
Authors: Loren R. Dunn, Pamela D. Marks, Kaitlyn D. Shannon
August 2, 2017

EPA Administrator Scott Pruitt has announced a set of Task Force recommendations that are aimed at improving the Superfund program. The Agency’s adoption of these recommendations is another indication that demonstrable change to CERCLA implementation is of interest to the Trump administration. It follows the EPA Administrator’s May 9 retraction of certain remedy selection authority from regional offices.


Insurance Policyholders Score Victory on Critical Allocation Issue in Second Circuit Olin Decision
Authors: Nicole B. Weinstein, Edward M. Grauman, John H. Kazanjian
July 28, 2017

In an action seeking insurance coverage for environmental contamination, the United States Court of Appeals for the Second Circuit held that “all sums” allocation would apply to the policies at issue, and therefore the policyholder could choose which of the multiple triggered policy periods it preferred to cover the entire loss, up to the limits of the policies in that year. 


EPA Revises All Appropriate Inquiry Rule
Author: Rusty Pomeroy
Beveridge & Diamond, P.C., July 5, 2017


EPA Retracts CERCLA Remedy Selection Authority from Regional Offices for Remedies that Exceed $50 Million
Authors: Steven M. Jawetz, Pam D. Marks, Gayatri M. Patel
Beveridge & Diamond, P.C., May 11, 2017


Lost Insurance Policy? Pursuing Coverage for Long-Tail Environmental Liability Still Feasible
Authors: John Kazanjian, Nicole Weinstein
Beveridge & Diamond, P.C., April 20, 2017


D.C. Circuit Signals Limits on EPA’s Authority to Reduce Requirements in Existing Environmental Rules: Waterkeeper Alliance v. US EPA
Author: Stephen M. Richmond
Beveridge & Diamond, P.C., April 17, 2017


EPA’s Plan to Implement Trump’s Proposed Budget Signals Massive Change
Authors: John Hanson, Daniel Krainin, Jacob Duginski
Beveridge & Diamond, P.C., April 6, 2017


EPA Issues Guidance for Characterization and Remediation of Contaminated Sediment Sites Under CERCLA
Authors: Steven Jawetz, Zachary Norris
Beveridge & Diamond, P.C., February 28, 2017


Second Circuit Offers Policyholders Painful Reminder on Giving Notice of Claims: Don’t Wait, Use Correct Addresses, and Be Specific
Authors: John H. Kazanjian, Nicole B. Weinstein
Beveridge & Diamond, P.C., February 9, 2017


Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement
Edited by David Friedland
November 16, 2016


Beveridge & Diamond Secures No-Liability Verdict, Featured in DRI’s The Voice
Beveridge & Diamond, P.C., August 4, 2016


Clearing the CERCLA Air: Ninth Circuit Holds Air Emissions Are Not Disposal
Authors: Pamela Marks, Megan Brillault and Kaitlyn Shannon
Beveridge & Diamond, P.C., July 29, 2016


New York Extends Statute of Limitations for Personal Injury Damages Caused by Contamination from Superfund Sites
Authors: Megan Brillault, Sarah Kettenmann
Beveridge & Diamond, P.C., July 27, 2016


Eric Klein Quoted on Use of Freedom of Information Act to Challenge EPA in Bloomberg BNA
June 13, 2016


EPA Proposes to Amend the Site Remediation NESHAP to Remove the Exemption for Site Remediation Activities Performed under CERCLA and RCRA
Authors: Kristin Gladd, David Friedland, and Pamela Marks
Beveridge & Diamond, P.C., May 20, 2016


Texas Supreme Court Rules that CERCLA PRP Letters and Enforcement Proceedings Are “Suits” Subject to the Duty to Defend Under Standard CGL Insurance Policies
Authors: Megan Brillault, Edward Grauman, John Kazanjian, and Nicole Weinstein
Beveridge & Diamond, P.C., June 30, 2015


Maryland Legislative and Regulatory Updates
Authors: Pamela Marks and Megan Morgan
Beveridge & Diamond, P.C., May 4, 2015


Maryland Proposes Hazardous Substance Reporting Rule
By: Pamela Marks and Hana Vizcarra
November 3, 2014


Supreme Court Rules Against Tort Plaintiffs, Holding CERCLA Does Not Preserve Property Contamination Claims Barred by State Statutes of Repose
Beveridge & Diamond, P.C., June 9, 2014


Jimmy Slaughter Quoted in Law360 on Pending Supreme Court Case Interpreting CERCLA’s Effects on Toxic Torts
Beveridge & Diamond, P.C., April 29, 2014


Supreme Court Denies Review in Landmark CERCLA Subrogation Case
Beveridge & Diamond, P.C., January 24, 2014


Beveridge & Diamond Principal James Slaughter Quoted in Law360 on Pending Supreme Court Case on CERCLA Preemption of Tort Claims
Beveridge & Diamond, P.C., January 17, 2014


The Impacts of New EPA Vapor Intrusion Guidance
Karl Bourdeau, Pam Marks, Steve Jawetz, Geoff Goode
Beveridge & Diamond, P.C., May 3, 2013


EPA Issues Revised Enforcement Guidance Regarding Use of the Bona Fide Prospective Purchaser Defense by Tenants and Model Comfort Letters for Lessees with Renewable Energy Developments
Beveridge & Diamond, P.C., December 26, 2012


District Court Rules in FOIA Action That Communications Between DOJ Attorneys Representing Agencies With Adverse Interests In Superfund Action Are Not Privileged
Beveridge & Diamond, P.C., February 1, 2012


MassDEP Issues Draft Comprehensive Guidance on Addressing Vapor Intrusion Sites in Massachusetts
Beveridge & Diamond, P.C. - Massachusetts Client Alert, December 14, 2010


9th Circuit Clarifies Who is a Current Owner or Operator for CERCLA Liability
Beveridge & Diamond, P.C., July 29, 2010


District Court Rejects Owner-Operator Liability Under CERCLA for Sewer System Owner Discharging to River
Beveridge & Diamond, P.C., July 28, 2010


D.C. Circuit Upholds Constitutionality of CERCLA Unilateral Orders
Beveridge & Diamond, P.C., July 6, 2010


EPA Issues ANPRM Identifying Additional Industries That Could Be Subjected to CERCLA Section 108(b) Financial Responsibility Requirements
Beveridge & Diamond, P.C., January 25, 2010


Beveridge and Diamond Attorneys To Publish Article on Supreme Court's Burlington Northern Decision
Beveridge & Diamond, P.C., October 7, 2009


Burlington Northern v. United States: CERCLA Arranger Liability Requires Intent to Dispose of Hazardous Substances
Beveridge & Diamond, P.C., May 5, 2009


Christopher McKenzie and Michael Murphy Cited in the Toxics Law Reporter
Beveridge & Diamond, P.C., February 9, 2009


Supreme Court Issues Key Ruling Affirming CERCLA Cost Recovery Rights But Leaving Questions To Be Answered
Beveridge & Diamond, P.C., June 12, 2007


Options for Potentially Responsible Parties in the Wake of the Aviall Decision
February 26, 2007


EPA Seeks to Allow Flexibility in Superfund Cleanup Enforcement
Beveridge & Diamond, P.C., February 23, 2007


9th Circuit Holds that CERCLA Liability May Extend to Canadian Company for Pollution That Originated Beyond U.S. Borders
Beveridge & Diamond, P.C., July 6, 2006