Beveridge & Diamond

CERCLA/Superfund News

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Emerson Hilton Quoted in Bloomberg Environment on Washington Superfund Suit
May 31, 2018

Legal Whipsaw in Washington Sawmill Case: State Supreme Court Decision Fundamentally Changes the Scope of Liability Under the Model Toxics Control Act
Authors: David C. Weber, Emerson J. Hilton, Augustus "Gus" E. Winkes
May 30, 2018

New York High Court Rules on “Unavailability Exception” to Pro Rata Allocation in Long-Tail Environmental Coverage Case
Authors: Edward Grauman, John Kazanjian, Nicole Weinstein
Beveridge & Diamond, P.C., April 3, 2018

EPA Proposes Revisions to Rules for Disposal of Coal Combustion Residuals from Electric Utilities
Authors: Pamela D. Marks, Bryan J. Moore
March 15, 2018

EPA Sees New Challenges Ahead for Superfund
Authors: Eric L. Klein, Loren R. Dunn
Beveridge & Diamond, P.C., February 16, 2018

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