The U.S. Supreme Court on Monday stated that it would review a case filed by property owners in Montana state court seeking restoration damages that were beyond the clean-up activities required by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In the case, Atlantic Richfield Co. v.
CERCLA
Federal Court in Oklahoma Rules that CERCLA Violation Is Not Negligence Per Se
By Ryan Rudich on
Posted in General Environmental
A federal district court in Oklahoma has held that CERCLA may not be used as a regulatory standard to state a claim for negligence per se. The plaintiffs in Bristow First Assembly of God, et al. v. BP, p.l.c., et al., N.D. Okla., No. 15-CV-523, brought a series of claims against a group of…
EPA Delays Implementation of All Pending New Rules
By Ryan Rudich on
Posted in General Environmental
The EPA announced today that it is delaying the effective date of all regulations that have been published in the Federal Register but are not yet effective. There are 30 such regulations, all of which are now scheduled to become effective on March 21, 2017. The action was taken to comply with the White House’s…
Subsurface Intrusion Pathway Will Now Be Considered During CERCLA Site Listing Process Under New EPA Rule
By Ryan Rudich on
Posted in General Environmental
On January 9, 2017, EPA issued a final rule adding subsurface intrusion (SsI) as a component to the Hazard Ranking System (HRS), which is the mechanism that is used for determining the eligibility of sites for CERCLA’s National Priorities List (NPL). The rule allows the threat of subterranean vapor migration into regularly occupied structures to…