Pennsylvania’s Land Recycling and Environmental Remediation Standards Act of 1995, or Act 2, established Pennsylvania’s program for the voluntary cleanup of contaminated sites. Act 2 requires the Environmental Quality Board
Continue Reading Navigating Voluntary Cleanups in a World of Evolving ScienceCaleb Holmes
Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.
Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).
Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.
In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.
Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups
NOTE: The EPA will be hosting a webinar on this topic on Nov. 2 at 2:00 p.m. EST.
On Oct. 18, 2021, United States Environmental Protection Agency (EPA) Administrator…
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New Lawsuit Challenges DOJ Policy Prohibiting SEPs
The ongoing battle over Supplemental Environmental Projects (SEPs) – environmentally-beneficial, beyond-compliance projects that defendants agree to undertake for potential penalty mitigation in settlement of environmental enforcement actions – heated up…
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Ninth Circuit, in Narrow Holding, Limits Amount Recoverable in CERCLA Contribution Claim to Response Costs Already Incurred
In ASARCO v. Atlantic Richfield, No. 18-35934 (9th Cir. Sept. 14, 2020), ASARCO entered into a consent decree under which ASARCO agreed to pay $111.4 million. ASARCO then sought…
Continue Reading Ninth Circuit, in Narrow Holding, Limits Amount Recoverable in CERCLA Contribution Claim to Response Costs Already Incurred
Third Circuit Considers the Scope of “Matters Addressed” in CERCLA Settlements
This week, the Third Circuit issued an opinion in NJDEP v. American Thermoplastics Corp et al., No. 18-2865, which adds a new wrinkle on CERCLA section 113(f)(2), which…
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Pa. Supreme Court Considers the Trial Court’s ‘Gatekeeper’ Role Under Frye
On July 21, 2020, the Pennsylvania Supreme Court issued an anticipated decision in Walsh v. BASF Corp, in which it considered the trial court’s role as the “gatekeeper” for…
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DOJ’s Attack on ‘Supplemental Environmental Projects’ Extends to Citizen Plaintiffs
The Department of Justice, in the last year, has altered its guidance related to supplemental environmental projects (SEPs), first prohibiting their use in settlements with state and local governments,…
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Is There Still a Place for Supplemental Environmental Projects in Pennsylvania?
SEPs, which permit a defendant to undertake an environmentally beneficial project in lieu of paying penalties—or in exchange for reduced penalties—have been seen as benefiting defendants, enforcement agencies and communities…
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Pennsylvania Supreme Court Clarifies Application of Fair Share Act to Strict Liability Asbestos Claims
In 2011, The Fair Share Act, 42 Pa. C.S.A. § 7402, became law. The Fair Share Act changed the law of joint and several liability for actions sounding in …
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Supplemental Environmental Projects: How Will New Federal Policy Affect Use of SEPs and CEPs in Pennsylvania?
On August 21, 2019, the Justice Department issued a memorandum—Using Supplemental Environmental Projects (“SEPs”) in Settlements with State and Local Governments—which curtails the use of supplemental environmental projects (SEPs) in…
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