CERCLA
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FY2016 EPA Budget Proposal
EPA Administrator Gina McCarthy is scheduled to testify today before the Senate Environment and Public Works Committee regarding EPA’s proposed 2016 fiscal year budget. Continue reading
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CPSC Seeks Funding for Nanotechnology Center
The Consumer Product Safety Commission (CPSC) is seeking $7M to establish a nanotechnology center and proposes to create a five year interagency agreement with the National Science Foundation and a learning center or university to house the center. Continue reading
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California Seeks to Amend Proposition 65
On January 12, 2015, California’s Office of Environmental Health Hazard Assessment proposed modifications to California’s controversial Proposition 65 regulations. Continue reading
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Congress Gives United States Free Pass on Contaminated Properties
On December 12, 2015, the Senate approved H.R. 3979, the National Defense Authorization Act for FY 2015. Continue reading
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New EPA Rule Regulates Coal Ash As Non-Hazardous
The U.S. Environmental Protection Agency (EPA) recently announced the first national regulations to provide for the safe disposal of coal combustion residuals (coal ash) from coal-fired power plants which will be regulated under the nonhazardous waste provisions of RCRA. Continue reading
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Illinois SB 2221 To Eliminate the State’s Statute of Repose for Construction Defects Arising Out of Pollution, Hazardous Substances
By Alexander J. Bandza Under 735 ILCS 5/13-214, Illinois provides for a ten-year statute of repose for any actions in “tort, contract or otherwise” on defects in construction of improvements to real property. Specifically, subsection (b) provides that: No action based upon tort, contract or otherwise may be brought against any person for an act… Continue reading
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Illinois Approves Fracking Rules
By Genevieve J. Essig Following up on a previous post, in which we noted that, nearly a year after filing its first draft, the Illinois Department of Natural Resources (IDNR) had filed revised rules implementing the Hydraulic Fracturing Regulatory Act (225 ILCS 732) with the Illinois’ Joint Committee on Administrative Rules (JCAR), we report that JCAR has approved these proposed… Continue reading
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DOD Finalizes Amendments to DFARS Regarding the Storage, Treatment, and Disposal of Non-DOD Toxic and Hazardous Materials on DOD Sites
By Alexander J. Bandza On September 30, 2014, the Department of Defense (DOD) published a final rule that amends Defense Federal Acquisition Regulation Supplement (DFARS) subpart 223.71 to better align the DFARS with the current provisions set forth in 10 U.S.C. 2692 concerning storage, treatment, and disposal of nondefense toxic and hazardous materials. This rule… Continue reading
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DOD Report Confirms Climate Change A Threat To National Security
This week the Pentagon released Department of Defense 2014 Climate Change Adaptation Roadmap confirming that climate change poses an immediate threat to national security. Continue reading
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EPA Eliminates the Uncertainty Over Which ATSM Standard to Use for Prospective Property Purchasers
By Alexander J. Bandza As previously reported, the US EPA initially issued its direct final rule confirming that the new ASTM E1527-13 standard, in addition to the older ASTM E1527-05 standard, would be acceptable for prospective purchasers of real property to conduct “All Appropriate Inquiries” (AAI) under CERCLA. On June 17, 2014, EPA published a… Continue reading