Joan P. Snyder, Esq. Stoel Rives LLP (503)
|
|
- Paulina Lewis
- 5 years ago
- Views:
Transcription
1 Allocation of Liability at a Sediment Cleanup Site by Joan P. Snyder, Esq. Stoel Rives LLP jpsnyder@stoel.com (503)
2 Types of Costs to Recover EPA and DEQ site assessment and oversight Remedial investigation/feasibility study (RI/FS) Remedial design/remedial action (RD/RA) Natural resource damage assessment (NRDA) Natural resource damages (NRD) Consequence of no timely allocation: EPA (or DEQ) can issue a unilateral administrative order to compel remedial action to multiple PRPs 2
3 Parties Who Might Sue to Recover Sunk Costs, Future Costs EPA DEQ PRPs who have incurred costs Natural Resource Damage Trustees 3
4 Primary Legal Grounds for Recovery Federal Superfund Oregon Environmental Cleanup Law 4
5 Other Grounds for Recovery Oil Pollution Act of 1990 ORS , (Spill Response and Cleanup of Hazardous Materials) ORS 468B.300 et seq. (Oil or Hazardous Material Spillage) ORS 468B.060 (Liability for damage to fish or wildlife or habitat) Other: trespass, nuisance, waste, contractual 5
6 Oregon Environmental Cleanup Law ORS creates strict liability and cost recovery action for Remedial action costs Natural resource damages ORS (6)(a) and ORS create right of contribution 6
7 Oregon Environmental Cleanup Law (cont.) 5 categories of liable parties Owner/operator at time of release Owner/operator after the release who knew or reasonably should have known of the release at time of becoming owner/operator Owner or operator who obtained actual knowledge of the release and then subsequently transferred ownership without disclosure Person who, by any acts or omissions, caused, contributed to or exacerbated the release, unless the acts or omissions were in material compliance with applicable laws, standards, regulations, licenses or permits Person who unlawfully hinders or delays entry to, investigation of or removal or remedial action at a facility 7
8 Oregon Statutory Defenses/Exemptions/ Exclusions Act of God, ORS (2)(b)(A) Act of war, ORS (2)(b)(B) Acts or omissions of a third party [other than employee, agent or one in contractual relationship], ORS (2)(b)(C) Others (definitions, exclusions) 8
9 Federal Superfund Liable Parties 42 USC 9607 defines liable parties: Current owners and operators; Owners and operators at the time of the disposal Arrangers; and Transporters. 9
10 Federal Statutory Defenses/ Exemptions/ Exclusions Act of God, 42 USC 9607(b)(1) Act of war, 42 USC 9607(b)(2) Act or omission of third party [other than employee, agent or one in contractual relationship], 42 USC 9607(b)(2) 10
11 Statutory Defenses/Exemptions/ Exclusions (cont.) Others Small Business Liability Relief and Brownfields Revitalization Act of 2002 Definitions Exemptions 11
12 Pure Cost Recovery Claim Under CERCLA 107(a) Cost recovery cause of action, on a joint and several liability basis, clearly available to government, state or tribes, 107(a)(4)(A) Most circuits have decided cost recovery cause of action, on a joint and several liability basis, also available to an "innocent" private party, 107(a)(4)(B) 12
13 Implied Contribution Claim Under CERCLA 107(a) Prior to 1986 Superfund Amendments and Reauthorization Act (SARA), which added 113, many courts had recognized an implied right of contribution for both innocent private parties and noninnocent private parties under
14 Contribution Action Under CERCLA 113(f) Added by SARA in 1986 Under 113(f)(1), any person may seek contribution during or following a civil enforcement action brought against it under 106 or 107(a) Under 113(f)(3)(B), a person who has resolved its liability to the US or a state in an administrative or judicially approved settlement may seek contribution from any other liable party Several circuits have limited non-innocent parties to a 113 contribution claim 14
15 9th Circuit and District of Oregon Hybrid Claim for Non-innocent PRP A non-innocent PRP s cause of action is limited to a contribution claim governed by the joint operation of 107 and 113. Pinal Creek Group v. Newmont Mining, 118 F3d 1298 (9th Cir 1997) 15
16 Cooper Industries Inc. v. Aviall Services Inc.,, 543 US, 125 S Ct 577 (12/13/04) Holding: 113(f) does not allow a non-innocent PRP to recover contribution from another PRP where the claimant voluntarily completed a cleanup under threat of state enforcement but without either a civil enforcement action brought against it under 106 or 107(a) or a settlement that resolved its liability to the US or a state 16
17 Questions Raised by the Aviall Court for Consideration on Remand Whether Aviall had a valid cost recovery claim under 107(a) Whether Aviall had an implied contribution claim under 107(a) 17
18 Post Aviall Status Federal and State government, tribes or innocent private party Pre-Aviall 107(a) cost recovery claim (joint and several) ORS Ch claim Post-Aviall No change 18
19 Post Aviall Status Non-innocent PRP performing work under CERCLA judicial order or under federal or state settlement Pre-Aviall 113(f) contribution claim ORS Ch. 465 claim 107(a) implied contribution claim (in some circuits) Post-Aviall No change 19
20 Post Aviall Status Non-innocent PRP performing work without enforcement action or settlement Pre-Aviall 113(f) contribution claim ORS Ch. 465 claim 107(a) implied contribution claim (in some circuits) Post-Aviall Does not have 113(f) claim ORS Ch. 465 claim 107(a) implied contribution claim (in some circuits) 20
21 Post Aviall Status Non-innocent PRP performing work under CERCLA administrative order that is not a settlement Pre-Aviall 113(f) contribution claim ORS Ch. 465 claim 107(a) implied contribution claim (in some circuits) Post-Aviall Unclear whether have 113(f) claim (hinges on meaning of civil action ) ORS Ch. 465 claim 107(a) implied contribution claim (in some circuits) 21
22 Allocation Factors Federal Gore Factors Other equitable factors State ORS : using such equitable factors as the court deems appropriate, including but not limited to the following 22
23 Summary of Factors Amount Toxicity Fault Involvement Care Cooperation Knowledge Finances Benefit Timing Equitable Defenses Quality of Evidence. 23
24 Divisibility Basis Geographic Type of contaminant/type of remedy/type of harm Requires reasonable basis for determining contribution of each divisible harm. Government must make prima facie case to show PRP caused harm in geographic area of site and then burden shifts back to PRP to disprove that inference to show divisible 24
25 Orphan Share Two types: Insolvent Orphans and Orphans who are solvent, but not at table Procedural aspect of dealing with Orphan Share depends on who has incurred costs: If EPA, joint and several; if private party seeking contribution, several only Courts make equitable decision on appropriate method of allocation of orphan share May be appropriate to allocate insolvent orphan share to only certain (i.e. similarly situated) PRPs 25
26 Orphan Share (cont.) ORS (2): the court may, in its discretion, allocate [any orphan share] to the other liable persons in proportion to their equitable shares or on any other equitable basis taking into consideration any relationship between the orphan share s liable person and each other liable person. 26
27 Application of Factors to River/Sediment Sites in Case Law Paucity of case law regarding allocation of liability in urban river systems Many sites are in the pipeline, but most are at the beginning of the process Complexity encourages private, arbitrated resolution Reported cases that do exist are, for the most part, not multicontaminant sites 27
28 Port of Portland v. Union Pacific Railroad Co.,, USDC Oregon, (1999) Port had 90% of liability and Union Pacific had 10%, based on relative toxicity of contaminants 28
29 Lower Fox River Seven PRPs River divided into 5 segments Cleanup costs estimated by DNR at $400 M (DNR estimate) NRD damages originally estimated between $176M- $333M by US Fish & Wildlife Service (and the Wisconsin DNR valued the damages at $55 million) 29
30 Lower Fox River (cont.) USFWS settlement with one PRP, Fort James, for $12M Approved by court over challenge Settlement apparently based on a preliminary estimate of the amount of PCBs discharged into the Lower Fox by each PRP 30
31 Kalamazoo River Study Group v. Rockwell Int l Liable PRP allocated 0% damages Inconsequential contribution Other PRP allocated 10% Based on credibility of conflicting expert testimony on type and amount of PCBs contributed 31
32 Hylebos Natural Resource Trustee Settlement Proposal Report on Allocation Proposed by the NRD Trustees Not binding on any party Allocated liability between sites, not between entities Based on a habitat equivalency analysis Allocation of contaminant footprint to a single site Allocation of liability by mass loading analysis within waterway systems Allocation of contaminated footprint adjacent to multiple sites by mass loading analysis 32
33 Difficulty of Applying Factors to River/Sediment Sites Investigation/assessment costs not function of amount or toxicity Fate and transport affects significance of contamination to ultimate remedy To river Once in sediment Upstream vs. downstream sources Receptors present in area of site may result in different risk drivers in different locations of site 33
34 Complexity of Applying Factors to River/Sediment Sites But for contaminants secondary risk drivers Effect of designation of Sediment Management Units New/different assessment risk drivers Additional opportunities for cooperation Orphan sources 34
35 Complexity of Applying Factors to River/Sediment Sites Pollutant load would have decreased as regulations increased, so length of time of operations may not be an appropriately predictive factor Quality of evidence varies over time Economic benefit to state (owner of harbor) measured in different terms than economic benefit to private owner/operators of riparian sites 35
36 Complexity of Applying Factors to River/Sediment Sites Overarching Principles in Allocation Principle for allocation between owner/operator/arranger/transporter liability Follow the money (remedial action costs) Contribution of PRP s contaminants to cost (not necessarily volume or toxicity) Recalcitrance/Cooperation v1 36
Stoel Rives, LLP Presented to Oregon Association of Environmental Professionals October 9, 2003
NATURAL RESOURCE DAMAGES FUNDAMENTALS Joan P. Snyder Stoel Rives, LLP Presented to Oregon Association of Environmental Professionals October 9, 2003 Natural Resource Damages Under federal Superfund injury
More informationOverview: The CERCLA Process. Connie Sue Martin
Overview: The CERCLA Process Connie Sue Martin Overview Removal and/or Remediation Process Natural Resource Damage Assessment and Restoration CERCLA Comprehensive Environmental Response, Compensation and
More informationUpdate on Environmental Liability in Real Estate Transactions
Update on Environmental Liability in Real Estate Transactions Watch-Outs and Best Practices for the General Practice Lawyer Environment, Energy and Resources Law Section What You ll Learn This Morning
More informationSettlement of Sediment Cases: The Passaic River Example Bill Jackson
Settlement of Sediment Cases: The Passaic River Example Bill Jackson bjackson@jgdpc.com UNIQUE DIFFICULTIES OF LITIGATING & RESOLVING SEDIMENT SITES Complexity of Sediment Sites Multiple Responsible Parties
More informationGeorge L. Seay, Jr. Wyatt, Tarrant & Combs, LLP 250 West Main Street, Suite 1600 Lexington, KY (859)
The Comprehensive Environmental Response, Compensation, and Liability Act ( Superfund ) and Kentucky House Bill 465: Exemptions and Protection From Liability George L. Seay, Jr. Wyatt, Tarrant & Combs,
More informationENVIRONMENTAL DUE DILIGENCE AND REMEDIAL PROGRAMS AND INSURANCE THAT CAN SAVE A REAL ESTATE TRANSACTION
ENVIRONMENTAL DUE DILIGENCE AND REMEDIAL PROGRAMS AND INSURANCE THAT CAN SAVE A REAL ESTATE TRANSACTION May 2018 By: Keith H. Johnson Poyner Spruill LLP kjohnson@poyners.com INDEX Page I. Why Environmental
More informationRestructuring Among the Ruins Conference Athens, Greece May 7-9, 2006 ENVIRONMENTAL ISSUES IN UNITED STATES BANKRUPTCY PROCEEDINGS
Restructuring Among the Ruins Conference Athens, Greece May 7-9, 2006 ENVIRONMENTAL ISSUES IN UNITED STATES BANKRUPTCY PROCEEDINGS Daniel M. Glosband, Esq. Macken Toussaint, Esq. Goodwin Procter LLP Exchange
More informationChapter Finance/ Administration
Chapter 6000 Finance/ Administration Northwest Area Committee Expectations: - Northwest Area Committee members and those responding within the region are expected to be aware of the importance of rapidly
More information2016 OSB Environmental & Natural Resource Section Annual CLE. CERCLA Update. Patrick Rowe. October 14, 2016
2016 OSB Environmental & Natural Resource Section Annual CLE CERCLA Update Patrick Rowe October 14, 2016 1000 SW Broadway, Suite 1400 Portland Oregon 97205 503.227.1111 sussmanshank.com AIRBORNE RELEASE
More informationINTRODUCTION TO NRD & FEDERAL FACILITIES
INTRODUCTION TO NRD & FEDERAL FACILITIES W H E N T H E F E D S W E A R A L L T H E H A T S JOHN D.S. GILMOUR Jgilmour@KelleyDrye.com (713) 355-5005 Federal Facilities Overview What are federal facilities?
More informationCERCLA Liability of U.S. Government as Owner, Operator or Arranger for Clean-Up Cost and NRD on Public Lands
Presenting a live 90-minute webinar with interactive Q&A CERCLA Liability of U.S. Government as Owner, Operator or Arranger for Clean-Up Cost and NRD on Public Lands Growing Liability Trend In Light of
More informationRCRA, Superfund & EPCRA Hotline Training Module
United States Environmental Protection Agency Solid Waste and Emergency Response (5305W) EPA540-R-98-028 OSWER9205.5-13A PB98-963 236 June 1998 RCRA, Superfund & EPCRA Hotline Training Module Introduction
More informationAnderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co.
Public Land and Resources Law Review Volume 0 Case Summaries 2013-2014 Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co. Katelyn J. Hepburn University of Montana School of Law, katelyn.hepburn@umontana.edu
More informationCERCLA s Equitable Allocation Of Liability
Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com CERCLA s Equitable Allocation Of Liability
More informationPre-ROD Cooperative NRD Assessment and Restoration Update from Portland Harbor
Pre-ROD Cooperative NRD Assessment and Restoration Update from Portland Harbor Joan P. Snyder, Esq. Stoel Rives LLP / Portland, OR Katherine Pease, Esq., Deputy Section Chief and Senior Counselor for Natural
More informationOUR WORK. SUPERFUND, COST RECOVERY AND CONTRIBUTION - Overview
SUPERFUND, COST RECOVERY AND CONTRIBUTION - Overview We have represented clients in all types of Superfund matters, including as PRPs at multi-party disposal sites, as both plaintiffs and defendants in
More informationPortland General Electric Company P.U.C. Oregon No. E-18 Original Sheet No
P.U.C. Oregon No. E-18 Original Sheet No. 149-1 PURPOSE SCHEDULE 149 ENVIRONMENTAL REMEDIATION COST RECOVERY ADJUSTMENT AUTOMATIC ADJUSTMENT CLAUSE This Schedule recovers the costs and revenues associated
More informationPublic Claims and Damages Arising from Environmental Harms to Our Rivers, Bays and Estuaries Bill Jackson
Public Claims and Damages Arising from Environmental Harms to Our Rivers, Bays and Estuaries Bill Jackson bjackson@jgdpc.com Complexity of Rivers, Bays and Sediment Sites Risk Based Cleanup: Human
More informationSuperfund Update. Walter Mugdan Director, Emergency & Remedial Response Division U.S. EPA Region 2 New York, NY. June, 2014
Superfund Update Walter Mugdan Director, Emergency & Remedial Response Division U.S. EPA Region 2 New York, NY June, 2014 CERCLA Statistics (to 9/30/13) 45,118 sites assessed (of 50,893) 1739 proposed,
More informationEmerging Challenges on the Administrative Side of Superfund Practice 1. Prepared by: David C. Batson and Walter Mugdan
Emerging Challenges on the Administrative Side of Superfund Practice 1 Prepared by: David C. Batson and Walter Mugdan Superfund Master Class: Today s Issues and Tomorrow s Reforms June 15, 2016 / Chicago,
More informationGOING FROM BROWN TO GREEN
I have this great project. I found the perfect location. It might be contaminated Now what do I do? 1 GOING FROM BROWN TO GREEN TCEQ Brownfields Program 2013 TCEQ programs to help clean up your site 2
More informationEnvironmental Liabilities and PRP Insolvency Managing Environmental Obligations and Meeting Remediation Requirements
Presenting a live 90-minute webinar with interactive Q&A Environmental Liabilities and PRP Insolvency Managing Environmental Obligations and Meeting Remediation Requirements THURSDAY, APRIL 4, 2013 1pm
More informationPublic Claims and Damages Arising from Environmental Harms to Our Rivers, Bays and Estuaries
Public Claims and Damages Arising from Environmental Harms to Our Rivers, Bays and Estuaries Bill Jackson bjackson@jgdpc.com Complexity of Rivers, Bays and Sediment Sites Risk Based Cleanup:
More informationApplication for the Voluntary Remediation Program
FACT SHEET # 3 Voluntary Remediation Program (VRP) (307) 777-7752 http://deq.state.wy.us/volremedi/index.asp Application for the Voluntary Remediation Program In its 2000 session, the Wyoming Legislature
More informationVapor Intrusion Bases for Legal Liability and Defenses
Vapor Intrusion Bases for Legal Liability and Defenses Jay A. Tufano Attorney Ring Bender LLLP What is Vapor Intrusion? Vapor intrusion is the general term given to migration of hazardous vapors from any
More informationTo link to this article:
This article was downloaded by: [71.50.106.141] On: 17 June 2015, At: 06:37 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House,
More informationHB 4084: Brownfields Property Tax Relief
HB 4084: Brownfields Property Tax Relief Oregon Brownfields Conference May 16, 2016 David Ashton Assistant General Counsel Port of Portland 503-313-5431 Preview Impediments to Brownfields Redevelopment
More informationLegal Liability and the Reuse of Contaminated Soil. Minnesota Brownfields Forum
Legal Liability and the Reuse of Contaminated Soil Minnesota Brownfields Forum Sara J. Peterson April 17, 2008 1 2007 DORSEY & WHITNEY LLP Topics Impact of liability concerns on off-site reuse Sources
More informationManaging Environmental Liabilities in Contracting and Leasing
Managing Environmental Liabilities in Contracting and Leasing AAPA Port Administration and Legal Issues Seminar Micheal W. Dobbs Bill Jackson Environmental Risk Disruption of operations on the property
More informationSEMS-RM DOCID #
I. PURPOSE U.S. Environmental Protection Agency and Nevada Division of Environmental Protection National Priorities List Deferral Agreement Anaconda Copper Mine Site, Lyon County, Nevada SEMS-RM DOCID
More informationNatural Resources & Environmental Law on the Reservation Exploring Hot Legal Issues
Natural Resources & Environmental Law on the Reservation Exploring Hot Legal Issues 8th Annual Conference September 20-21, 2004 Hilton Phoenix East Mesa, Arizona Injury to Cultural and Spiritual Resources
More informationBet the Port Litigation: Claims and Damages Considerations for Ports in the Wake of an Environmental Catastrophe
Bet the Port Litigation: Claims and Damages Considerations for Ports in the Wake of an Environmental Catastrophe Bill Jackson Jackson Gilmour & Dobbs, PC (713) 355-5050 bjackson@jgdpc.com Surface Water
More informationCERCLA. Case Law Update. Anzie St. Clair
CERCLA Case Law Update Anzie St. Clair Anything new? (i.e., PLEASE don t tell me about Burlington Northern) 1. An owner is still an owner, even when only an owner of unpatented mining rights, and even
More informationRenewable Energy Development, Including on Brownfield Properties. Topics to be Covered
// 2015 National CLE Conference ENVIRONMENTAL LAW, LAND USE, ENERGY AND LITIGATION FACULTY INFORMATION Renewable Energy Development, Including on Brownfield Properties Presented by Polly Jessen Kaplan
More informationBrownfields Redevelopment and Voluntary Cleanups in. Oklahoma
Brownfields Redevelopment and Voluntary Cleanups in Oklahoma Rita R. Kottke, Ph.D. Barbara Rauch, Esq. May 2008 TABLE OF CONTENTS INTRODUCTION... 3 OKLAHOMA VOLUNTARY CLEANUP (VCP) and BROWNFIELDS PROGRAMS...
More informationS. ll. To promote remediation of orphan hardrock mines, and for other purposes. IN THE SENATE OF THE UNITED STATES A BILL
MAZ [DISCUSSION DRAFT] S.L.C. TH CONGRESS D SESSION S. ll To promote remediation of orphan hardrock mines, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. GARDNER introduced the
More informationPresenting a live 90-minute webinar with interactive Q&A. Today s faculty features:
Presenting a live 90-minute webinar with interactive Q&A Natural Resource Damages Assessment: Valuing and Contesting NRD Injury and Damages Methods for Determining and Quantifying Injury and Damages, Evaluating
More informationBona Fide Prospective Purchaser How to be a BFPP. Overview
Bona Fide Prospective Purchaser How to be a BFPP Linda C. Martin and Michael C. Wofford Doerner, Saunders, Daniel & Anderson, L.L.P. Overview What is a BFPP? Why bother with being a BFPP? Potential Superfund
More informationPollution Exposures an a d n d Co C ve v r e a r g a e g s e
Pollution Exposures and Coverages Video Presentation Introduction of Pollution Exposures Pollution Exposures and Coverages Section 1 Overview of the Pollution Exposure What are Pollution Exposures? Site
More informationENVIRONMENTAL ISSUES IN REAL ESTATE TRANSACTIONS
FUNDAMENTALS OF REAL ESTATE LAW WORKSHOP ENVIRONMENTAL ISSUES IN REAL ESTATE TRANSACTIONS Presented by Polly B. Jessen, Kaplan Kirsch & Rockwell March 7, 2018 Environmental Issues 2 Contamination Poses
More informationFormerly Used Defense Sites ( FUDS )
FUDS UNCHARTED TERRITORY IN BROWNFIELDS REMEDIATION AND REDEVELOPMENT Formerly Used Defense Sites ( FUDS ) The Department of Defense ( DoD ) DoD) is responsible for environmental restoration of properties
More informationBuilding a Strong Legal Foundation to Support the Enforcement of a Tribal Trustee s Natural Resource Damage Claims
Building a Strong Legal Foundation to Support the Enforcement of a Tribal Trustee s Natural Resource Damage Claims BY: RICHARD A. DU BEY and BRIAN EPLEY 2015 Tribal Lands and Environment Forum Tuesday,
More informationProduct Liabilities You Never Anticipated: A California Prop. 65 Executive Briefing. Malcolm Weiss May 28, 2008
Product Liabilities You Never Anticipated: A California Prop. 65 Executive Briefing Malcolm Weiss May 28, 2008 Presenter Malcolm Weiss www.huntonprop65.com 2 California Environmental Practice Growing and
More information1.0 INTRODUCTION... 4
ASTSWMO Remedial Action Focus Group April 2016 Contents EXECUTIVE SUMMARY. 4 1.0 INTRODUCTION... 4 1.1 BACKGROUND... 5 1.2 OVERVIEW OF THE CLEANUP PROCESS... 6 1.2.1 Removals... 6 1.3 OVERVIEW OF THE SUPERFUND
More informationBrownfields Redevelopment and the. Spiegel & McDiarmid LLP and The National Association of Local Government Environmental Professionals
Brownfields Redevelopment and the Threat of CERCLA Liability Elaine C. Lippmann Spiegel & McDiarmid LLP and The National Association of Local Government Environmental Professionals October 19, 2009 Agenda
More informationUNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 10-Q
For the quarterly period ended: April 5, 2009 OR UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE
More informationGroundwater Contamination Litigation: Proving and Defending Against Liability
Groundwater Contamination Litigation: Proving and Defending Against Liability Demonstrating Nexus, Causation and Injury to Recover Cleanup Costs and Other Damages OCTOBER 10, 2013 Presented by Alfred E.
More informationShelley M. Jackson Plews Shadley Racher & Braun LLP (317)
Bridging the Divide: Strategies to Maximize Cost Recovery Options for Environmental Cleanups* 2018 Annual Meeting Indiana Association of Regional Councils November 9, 2018 Shelley M. Jackson Plews Shadley
More informationPotential Process for Recovering Environmental Response Costs From the U.S. Government. A.J. Gravel FTI Consulting, Inc.
Potential Process for Recovering Environmental Response Costs From the U.S. Government A.J. Gravel FTI Consulting, Inc. aj.gravel@fticonsulting.com July 31, 2017 Introduction Table of Contents Overview
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES OF AMERICA, Plaintiff, v. Case No. 10-C-910 NCR CORP. and APPLETON PAPERS INC., Defendant. DECISION AND ORDER On July 5, 2011, this
More informationSTATE PROGRAMS TO CLEAN UP DRYCLEANERS
STATE PROGRAMS TO CLEAN UP DRYCLEANERS Appendix Survey Data Table 1: Elements of State Programs Last Updated (May 25, 2000) Who Is Covered FLORIDA Inactive cleaners Property owners Solvent suppliers Benefits
More informationCLAIM SUMMARY / DETERMINATION FORM
CLAIM SUMMARY / DETERMINATION FORM Claim Number : E15437-0001 Claimant : United States Environmental Services, LLC Type of Claimant : Corporate Type of Claim : Removal Costs Claim Manager : Amount Requested
More informationLegal Update on Environmental Diligence and NYSDEC Draft Environmental Audit Policy
MTA New York City Transit Advanced Environmental Workshop Jesse Hiney, Esq. December 2012 Legal Update on Environmental Diligence and NYSDEC Draft Environmental Audit Policy Where Are We? Nixon Peabody
More informationDeepwater Horizon Oil Spill In the Wake of Disaster
Deepwater Horizon Oil Spill In the Wake of Disaster Steve McKinney Chair Environmental & Natural Resources Section Balch & Bingham LLP Chair Section of Environment Energy & Resources American Bar Association
More informationIntent is the Question
48 ENVIRONMENTAL LAW To Arrange OR NOT TO ARRANGE: United States Supreme Court Finds Intent Requirement for CERCLA Arranger Liability Intent is the Question By Marc P. Lawrence Vernal Pond in the Flint
More informationENVIRONMENTAL PROGRAMS THAT HELP REDEVELOPMENT
11 th Annual Land Use Planning Law Conference Hyatt Regency Hotel, Austin April 12-13, 2007 ENVIRONMENTAL PROGRAMS THAT HELP REDEVELOPMENT Patrick J. Larkin Partner Strasburger & Price, LLP 901 Main Street,
More informationMANAGING CLAIMS FOR NATURAL RESOURCE DAMAGES
The article Managing Claims for Natural Resource Damages by Gary P. Gengel and Kegan A. Brown first appeared in the In-House Counsel Committee Newsletter, Vol. 12, No. 2, June 2011, Section of Environment,
More informationPROFESSIONAL SERVICES AGREEMENT FOR LUSARDI CREEK PIPELINE RESTORATION PROJECT FOR THE OLIVENHAIN MUNICIPAL WATER DISTRICT 18AGRXXX R-E-C-I-T-A-L-S
PROFESSIONAL SERVICES AGREEMENT FOR LUSARDI CREEK PIPELINE RESTORATION PROJECT FOR THE OLIVENHAIN MUNICIPAL WATER DISTRICT 18AGRXXX This Agreement is entered into by and between the Olivenhain Municipal
More informationApproach to Mine Risk Assessment and Risk Management under the Environmental Management Act
Approach to Mine Risk Assessment and Risk Management under the Environmental Management Act John E.H. Ward, B.C. Ministry of Environment NOAMI Risk Assessment Workshop Richmond, B.C. November 13, 2008
More informationLIMITED ENVIRONMENTAL INDEMNITY AGREEMENT
LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT This LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT is entered into as of the day of, 2011, by ("Indemnitor") and the City of (the "City"). RECITALS A. WHEREAS, Indemnitor
More informationHOUSE OF REPRESENTATIVES STAFF ANALYSIS
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 1083 Rehabilitation of Contaminated Drycleaning Facilities SPONSOR(S): Evers TIED BILLS: IDEN./SIM. BILLS: SB 1664 REFERENCE ACTION ANALYST STAFF DIRECTOR
More informationTallahassee Brownfields Revolving Loan Fund Coalition
Tallahassee Brownfields Revolving Loan Fund Coalition The Tallahassee Brownfields Revolving Loan Fund Coalition (BFC), comprised of the City of Tallahassee and the Tallahassee Community Redevelopment Agency,
More informationDRAFT LIENS AND SUPERLIENS
DRAFT LIENS AND SUPERLIENS I. Definition of Liens and Superliens A lien is a legal claim against the title of property to secure the payment of a debt or the performance of an obligation. Once such a claim
More informationSENATE, No. 806 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
SENATE, No. 0 STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Senator LORETTA WEINBERG District (Bergen) Senator ROBERT M. GORDON District (Bergen and Passaic)
More informationUsing Environmental Insurance to Manage Legal Liability Exposures. SterlingRisk Construction & Real Estate Risk Transfer Forum February 11, 2014
Using Environmental Insurance to Manage Legal Liability Exposures SterlingRisk Construction & Real Estate Risk Transfer Forum February 11, 2014 Why Should Owners worry about Environmental Exposure? Environmental
More informationEnvironmental. What s in the New Brownfields Law for Site Owners and Developers? Overfile Protection, Funding and Liability Relief
Environmental FEBRUARY 2002 What s in the New Brownfields Law for Site Owners and Developers? Overfile Protection, Funding and Liability Relief In 1980, the Comprehensive Environmental Response, Compensation
More informationPart 201 reforms to move Michigan forward
Part 201 reforms to move Michigan forward In 1995, the Michigan legislature enacted Part 201 which, among other changes, fundamentally shifted Michigan s liability standard from strict liability to causation-based.
More informationLENDER LIABILITY FOR ENVIRONMENTAL CONTAMINATION IN THE FORECLOSURE CONTEXT
LENDER LIABILITY FOR ENVIRONMENTAL CONTAMINATION IN THE FORECLOSURE CONTEXT By Stacy Watson May* and Dawn Carsten** I knew the recession was truly affecting Florida s economy when lenders started asking
More information1 Submitted for the 11 th Annual Northwest Dispute Resolution Conference, Shoreline Conference Center, 18560
T HE L ONG R OAD TO S ETTLEMENT FOR C LEANUP OF THE T HEA FOSS W ATERWAY,, T ACOMA,, W ASHINGTON ASHINGTON 1 Loren Dunn, Riddell Williams, PS, Seattle; Matthew Wells, Preston Gates & Ellis, LLP, Seattle;
More informationAmendments to Michigan s Cleanup Program
Amendments to Michigan s Cleanup Program Warner Norcross & Judd LLP CLEANUP CRITERIA Only 5 cleanup criteria: Residential Nonresidential (will be the former industrial criteria until new nonresidential
More informationDare You to Buy. Kristin White, Associate Legal Counsel Minnesota Department of Transportation
Dare You to Buy Kristin White, Associate Legal Counsel Minnesota Department of Transportation NOTES Why the worry? Environmental law 101 What your organization can do Why the worry? Removal/remediation
More informationUNITED STATES SECURITIES AND EXCHANGE COMMISSION FORM 10-Q
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended:
More informationOf the scientific fields relevant to the environmental
Habitat and Resource Equivalency Analyses in Resource Compensation and Restoration Decision Making Joan P. Snyder and William H. Desvousges, Ph.D. Of the scientific fields relevant to the environmental
More informationSTATE PROGRAMS TO CLEAN UP DRYCLEANERS
STATE PROGRAMS TO CLEAN UP DRYCLEANERS STATE PROGRAMS TO CLEAN UP DRYCLEANERS Prepared by State Coalition for Remediation of Drycleaners Authors Robin Schmidt (Wisconsin Department of Natural Resources)
More informationEconomic Incentives to Encourage Brownfields Redevelopment in New Jersey
Economic Incentives to Encourage Brownfields Redevelopment in New Jersey Publication: Metropolitan Corporate Counsel On January 6, 1998, New Jersey's Governor Christine Whitman signed into law the Brownfield
More informationGASB 49 Accounting & Financial Reporting for Pollution Remediation Obligations. An Overview
GASB 49 Accounting & Financial Reporting for Pollution Remediation Obligations An Overview Effective For UMS - FY09 Requires retroactive application if possible. Pollution Remediation Obligation Defined
More informationTHE NATIONAL SHIPBUILDING RESEARCH PROGRAM
SHIP PRODUCTION COMMITTEE FACILITIES AND ENVIRONMENTAL EFFECTS SURFACE PREPARATION AND COATINGS DESIGN/PRODUCTION INTEGRATION HUMAN RESOURCE INNOVATION MARINE INDUSTRY STANDARDS WELDING INDUSTRIAL ENGINEERING
More information2019 E JIF Risk Management Plan. New Jersey Municipal Environmental Risk Management Fund
2019 E JIF Risk Management Plan New Jersey Municipal Environmental Risk Management Fund Table of Contents 1. INTRODUCTION... 3 I. THIRD PARTY LIABILITY... 4 1. Background:... 4 2. Scope of Coverage:...
More informationUNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 10-Q
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended:
More informationSCHNITZER STEEL INDUSTRIES, INC.
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-Q Quarterly Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 For the Quarterly Period Ended
More informationWaking the Sleeping Giant: Analyzing New Jersey's Pursuit of Natural Resource Damages from Responsible Polluting Parties in the Lower Passaic River
Pace Environmental Law Review Volume 23 Issue 1 Winter 2005-2006 Article 9 January 2006 Waking the Sleeping Giant: Analyzing New Jersey's Pursuit of Natural Resource Damages from Responsible Polluting
More informationContaminated Property Transactions After 2002 Superfund Brownfield Amendments
Articles Contaminated Property Transactions After 2002 Superfund Brownfield Amendments by Brad Cahoon Earlier this year, the Small Business Liability Relief and Brownfields Revitalization Act 1 ( Brownfield
More informationZombie Corporations and CERCLA Liability: Identifying, Reviving and Pursuing Zombie PRPs
Presenting a live 90-minute webinar with interactive Q&A Zombie Corporations and CERCLA Liability: Identifying, Reviving and Pursuing Zombie PRPs TUESDAY, APRIL 3, 2018 1pm Eastern 12pm Central 11am Mountain
More informationSelection and Auditing of TSDFs. Dwight Clark, CHMM Ninyo & Moore
Selection and Auditing of TSDFs Dwight Clark, CHMM Ninyo & Moore Overview History Why deal with this? Selection and Audit Criteria Historical Selection of Waste Vendors 1980s and earlier Liability Service
More informationManaging Risks with Hazardous Substances RLI Design Professionals Design Professionals Learning Event DPLE 154 May 6, 2015
Managing Risks with Hazardous Substances RLI Design Professionals Design Professionals Learning Event DPLE 154 May 6, 2015 RLI Design Professionals is a Registered Provider with The American Institute
More informationSeven Things Informed. Lenders Should Know About Environmental Due Diligence
Seven Things Informed 1 Lenders Should Know About Environmental Due Diligence EDR Webinar Wednesday, April 13, 2016 Grady L. Shields Wyrick Robbins Yates & Ponton LLP 4101 Lake Boone Trail, Suite 300 Raleigh,
More informationI. INTRODUCTION. Plaintiff King County brings this insurance action against, inter alia, The Travelers
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 1 KING COUNTY, v. Plaintiff, TRAVELERS INDEMNITY CO., PROVIDENCE WASHINGTON INSURANCE CO., et al., Defendants. Civil Action
More informationChapter 2. Risk Identification. Enterprise Risk Management. Employment. Chapter 3 Page 1
Chapter 2 Risk Identification Enterprise Risk Management Ultimate Objective of ERM is to handle risks that is harmonious with the strategic plan. Making pre loss arrangements for post loss resources. Need
More informationTribal Sovereignty and Natural Resource Damages
Public Land and Resources Law Review Volume 25 Tribal Sovereignty and Natural Resource Damages Allan Kanner Follow this and additional works at: http://scholarship.law.umt.edu/plrlr Recommended Citation
More informationSite Specific Pollution Liability Application
Email: info@eiains.com Phone: (800) 977-3335 Mail: PO Box 23605 Portland, OR 97281 Fax: (503) 977-3334 Site Specific Pollution Liability Application NOTICE: If a policy is issued, the limit of liability
More informationUNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C FORM 10-Q
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-Q Quarterly Report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 For the quarterly period ended,
More informationJohn C. Butler III DIRECTOR
4350 N. Fairfax Dr. Suite 830 Arlington, VA 22203 1673 T 505.660.1746 F 505.989.7021 jbutler@gnarusllc.com www.gnarusllc.com OVERVIEW EXPERIENCE Mr. Butler has extensive experience with environmental and
More informationLegal Issues in Carbon Sequestration
Legal Issues in Carbon Sequestration Douglas A. Henderson & Peter S. Glaser Troutman Sanders LLP Preliminary Issue #1 Climate President-Elect Obama supports carbon sequestration 1 Preliminary Issue #2
More informationIntroduction to Financial Assurance. ORCR USEPA July 2012
Introduction to Financial Assurance ORCR USEPA July 2012 Relationship between the EIS/EIA Process and FA The EIA/EIS should include a draft mine operations plan and a preliminary mine reclamation and closure
More informationENVIRONMENTAL NEWS & HIGHLIGHTS July 2016
ENVIRONMENTAL NEWS & HIGHLIGHTS July 2016 Presented by: EXCALIBUR GROUP, LLC Environmental Consultants, Engineers & Liability Management Experts This latest EXCALIBUR bulletin presents several emerging
More informationClaims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line
Claims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line Steve McBrady Skye Mathieson Monica Sterling Sharmi Das Michelle Coleman 165 Overview Affirmative Contractor Claims
More informationFarm Liability & Pollution. It s More Than Just Dicamba
Farm Liability & Pollution It s More Than Just Dicamba Black s Law Dictionary, 2 nd edition online The presence of harmful substances (either physical or gaseous), noise or energy (radiation), within a
More informationDEPARTMENT OF ENVIRONMENTAL PROTECTION Policy Office
DEPARTMENT OF ENVIRONMENTAL PROTECTION Policy Office DOCUMENT NUMBER: 012-4180-001 TITLE: Policy for the Consideration of Community Environmental Projects in Conjunction with Assessment of Civil Penalty
More informationDRAFT Addressing Backlogs DRAFT 8/27/2007
Topic: Addressing Backlogs Description of Issue: There are over 18,000 cases in Site Remediation s database. Approximately 12,000 of these cases are being remediated under a regulatory program such as
More informationCLAIM SUMMARY / DETERMINATION FORM
CLAIM SUMMARY / DETERMINATION FORM Date : 10/28/2010 Claim Number : 911003-0001 Claimant : Guilford County NC Environmental Health Type of Claimant : Local Government Type of Claim : Removal Costs Claim
More information