In 2018 I commented on this blog about an opinion of the Massachusetts Supreme Judicial Court concerning a claim by the developer of a condominium development against the City of
Continue Reading UPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21E
When one cleans up contaminated property, often the cleanup calls for a neighbor to allow some action to address contamination migrating onto that neighbor’s property. A case from the Court
Continue Reading Neighbors’ Tort Claims Even After a Cleanup
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
Continue Reading Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups
On April 30, 2021, the United States Environmental Protection Agency’s enforcement office issued a memorandum titled “Strengthening Enforcement in Communities with Environmental Justice Concerns.” In light of the
Continue Reading Businesses Administering COVID-19 Vaccine Are at Risk for Mishandling Biomedical Waste
This is an update to a 2019 post.
Section 1113 of the Pennsylvania Hazardous Sites Cleanup Act (“HSCA”), 35 Pa. Stat. Ann. § 6020.1113, authorizes settlements of responsible parties’
Continue Reading Pennsylvania Prospective Purchaser Agreements: Emphasis on ‘Prospective’
If you are currently disposing of pharmaceuticals, including dietary supplements, into the dumpster or down the drain, you may want to reconsider that practice. New regulations promulgated by the
Continue Reading EPA Expands RCRA Hazardous Waste Restrictions to a Broader Range of ‘Pharmaceuticals’ Including Dietary Supplements
In the summer of 2004, during Hurricane Frances, an industrial facility released approximately 65 million gallons of process water into Tampa Bay. A group of commercial fishermen promptly filed a
Continue Reading Florida Appellate Court Reverses Class Certification in Commercial Fishing Action Arising From a 65-Million-Gallon Process Water Release Into Tampa Bay
The Dutch government is working on a major overhaul of the statutory environmental framework in the Netherlands. In this context, four key environmental decrees (AMvBs) (the Decrees) were
Continue Reading Another Major Step Towards a New Environment and Planning Act in the Netherlands
Section 5(a)(iii) of the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (“Chapter 21E”) makes persons liable to clean up releases of oil or hazardous material
Continue Reading Mass SJC Reiterates that Property Damage Liability under Mass. G.L. Chap 21E is Residual to Cleanup Liability
Last month, the U.S. Environmental Protection Agency published its amendments to, and reorganization of, the regulations governing generators of hazardous waste, 81 Fed. Reg. 85,732 (Nov. 28). These rules govern
Continue Reading EPA’s Amendments to the Standards for Hazardous Waste Generators