October 2010
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U.S. and “Old GM” Reach Agreement to Resolve Environmental Liabilities
On October 20, 2010, the United States Department of Justice and Motors Liquidation Company, the “Old GM,” submitted to the bankruptcy court a settlement agreement pursuant to which Old GM would pay over $640 million in cash and over $20 million in non-cash assets for the remediation of 89 facilities that were not conveyed to… Continue reading
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CREW Partners With Jenner & Block On Climate Change/Water Scarcity November 4th Program
Jenner & Block will host CREW’s Leadership in Our Changing Environment Series Program “Climate Change and Water Scarcity: Critical Insights for Real Estate Professionals” on November 4th from Noon – 2:00 p.m. The program will be lead by Nina J. Fain, President, Chicago Economic Development Institute and welcoming remarks by Michelle M. McAtee, Jenner &… Continue reading
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New Superfund Lawsuit Filed In Fox River Cleanup
U.S. DOJ and WDNR recently filed action against 10 companies and two municipalities seeking continued cleanup of Wisconsin’s Lower Fox River and Green Bay Area. The lawsuit also seeks payment of government oversight costs and natural resource damages. This latest lawsuit is one of the many enforcement and judicial actions initiated by federal and state… Continue reading
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U.S. Green Building Council Faces Class-Action Suit Over Promotion Of LEED Standards
On October 8, 2010, Henry Gifford and Gifford Fuel Saving, Inc., filed a complaint against the U.S. Green Building Council (“USGBC”) in the U.S. District Court for the Southern District of New York, Case No. 10-cv-7747. The class action challenges USGBC’s promotion of its LEED (Leadership in Energy and Environmental Design) standards. Continue reading
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EPA Issues RE-Powering America’s Land Initiative Plan
EPA recently released a draft plan that describes the actions the Agency will undertake to progress the 2008 initiative aimed at preserving green space. EPA’s RE-Powering America’s Land: Siting Renewable Energy on Potentially Contaminated Land and Mining Sites takes a multi-pronged approach to site cleanup and development of renewable energy production facilities on contaminated lands.… Continue reading
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Steven Siros To Speak on Climate Change Litigation at DRI Annual Meeting
Steven Siros will be speaking at DRI’s Annual Meeting on October 21st in San Diego, California. Continue reading
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Aerospace And Refinery Air Toxics Data Requested
EPA recently sent information requests to 1,000 aerospace manufacturers and 152 petroleum refineries seeking toxic air emissions data. Continue reading
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U.S. EPA to Regulate Perchlorate Under the Safe Drinking Water Act
U.S. EPA has reversed course and elected to regulate perchlorate under the Safe Drinking Water Act (“SDWA”). Continue reading
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Fifth Circuit Limits Scope of CERCLA’s “Arranger” Liability
In Celanese Corporation v. Martin K. Eby Construction Company Inc., the Fifth Circuit Court of Appeals addressed the scope of “arranger” liability under CERCLA and affirmed the ruling of the district court that Defendant-Appellee Martin K. Eby Construction Company, Inc. was not liable as an “arranger” under CERCLA for the remediation costs Celanese Corporation had… Continue reading
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EPA Seeks Public Comments On The Waste Classification Of Coal Ash
Earlier this summer, EPA proposed to regulate for the first time coal ash to address the risks from the disposal of wastes generated by electric utilities and independent power producers. 75 Fed. Reg. 35127 (June 21, 2010). Coal ash currently is exempt under RCRA but there are growing concerns about the environmental impacts of coal… Continue reading