Tue Nov 12th, On Environmental Law, by Krista deBoer
Atlantic Richfield Co. v. Gregory A. Christian, et al. (Case No. 17-498) is set for oral argument before the Supreme Court on December 3, 2019, and the outcome could have broad implications for private parties seeking to recoup costs from PRPs for cleanup activities that are beyond the scope of EPA’s chosen remedy under CERCLA. The case involves the Anaconda Smelter Superfund Site in Butte, Montana. Contamination from the Anaconda […]
Thu Oct 4th, On Environmental Law, by Krista deBoerCorrie Plant
Two years ago, the Toxic Substances Control Act (TSCA) was significantly overhauled with bipartisan support in Congress, and with substantial support from the chemical industry. The EPA has now begun implementing the “New TSCA,” also known as the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576), which was officially signed into law by President Obama in 2016 (15 U.S.C. 2601 et seq.). One of the most […]
Tue Feb 20th, On Environmental Law, by Krista deBoer
A recent ruling by the California Court of Appeal may have some hazardous substance manufacturers concerned that they could more frequently be the target of cost recovery actions by California agencies who have remediated redevelopment sites. In City of Modesto et al., v. The Dow Chemical Company et al., 19 Cal.App.5th 130 (2018) (“City of Modesto”), the court expanded on an earlier holding that the Polanco Redevelopment Act (Cal. Health […]
