President Donald J. Trump and his administration have focused on the EPA during his time in office, particularly in regards to its funding, and its regulations. The president has taken
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Caleb 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.
What You Need to Know About the Superfund Task Force’s Recommendations
There are over 1,300 sites listed on the Environmental Protection Agency’s National Priorities List of contaminated sites that require cleanup, over a hundred of which are located in Pennsylvania. In…
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CERCLA Statutes of Limitations Confusion in Administrative Settlements
When a private party enters into a CERCLA section 113(f)(B) administrative settlement, it may subsequently pursue the costs incurred under that administrative settlement against other PRPs. However, whether the settling…
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Supreme Court Won’t Consider What Level of Deference States Should Be Given Under CERCLA
As noted previously, the Ninth Circuit found, in Arizona v. City of Tucson, 761 F.3d 1005 (9th Cir. 2014), that state government agencies are not afforded the…
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A Different Level of Deference Given to States in CERCLA Consent Decrees
In a recent decision, Arizona v. City of Tucson, 761 F.3d 1005 (9th Cir. 2014), the Ninth Circuit found that state government agencies should not be afforded the…
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Proposed Pretreatment Standards for Dentists
From Kaitlyn Maxwell of GT Philadelphia:
The United States Environmental Protection Agency (“EPA”) has proposed standards for pretreatment of water that goes down the drain at a dentist’s office. The proposed rule, available here, would require dental practices to meet technology-based pretreatment standards pursuant to the Clean Water Act for discharge of dental amalgam into publicly owned treatment works (“POTWs”), that is, municipal sewage treatment systems.
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Second Circuit Examines Collateral Source Rule in CERCLA Cost Recovery and Contribution Case
On September 11, 2014, the Second Circuit issued its decision in New York State Electric & Gas Corp. v. FirstEnergy Corp., No. 11-4143, a CERCLA cost recovery and…
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Supreme Court Finds that CERCLA Does Not Preempt Statutes of Repose
Today, the Supreme Court issued its opinion in CTS Corp. v. Waldburger et al., No.13-339 (June 9, 2014) (slip op.) [link], in which it held that CERCLA section 309, 42 U.S.C. § 9658, does not preempt statutes of repose, reversing the Fourth Circuit. Section 9658(a) preempts state law statutes of limitation for personal injury and property damage claims related to the release of a hazardous substance. Justice Kennedy, writing for the majority, reaffirmed the oft-repeated “presumption against preemption” in reasoning that Section 9658 does not preempt state statutes of repose. Statutes of limitations bar claims after a specified period of time based on when the claim accrued, whereas statutes of repose bar suits brought after a specified time since the defendant acted, regardless of whether the plaintiff has discovered the resulting injury.
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EPA Initiates Rulemaking On Reporting About Hydraulic Fracturing Fluids
From Chris Bell of GT Houston:
EPA today published an advanced notice of proposed rulemaking seeking comment, by August 18, 2014, on a variety of options EPA is considering to collect and make available to the public information about chemicals used in oil and gas exploration and production, particularly those used in hydraulic fracturing. 79 Fed. Reg. 28664 (May 19, 2014). This ANPRM signals the potential for a rule requiring disclosure of detailed information about chemicals used in hydraulic fracturing E&P activities, possibly imposing obligations on everyone from the manufacturers or importers of the chemicals to the service companies or well operators who mix the chemicals onsite prior to use. This initiative is the outcome of a TSCA rulemaking petition filed in 2011 by over 100 environmental and public interest groups, which EPA denied in part and granted in part.Continue Reading EPA Initiates Rulemaking On Reporting About Hydraulic Fracturing Fluids
Proper Definition Of The Relevant Property Leads to a $7 Million Award In a Takings Case Arising From Denial of A Wetlands Fill Permit
From Jerry Stouck of GT Washington, D.C.:
A Florida company was awarded nearly $7 million by the U.S. Court of Federal Claims on March 14 in a long-running case…
Continue Reading Proper Definition Of The Relevant Property Leads to a $7 Million Award In a Takings Case Arising From Denial of A Wetlands Fill Permit