Environmental Law Portal

Welcome to the Beveridge & Diamond Environmental Law Portal.

Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

Subscribe for updates via:

Meet the Contributors

Topics

Recent Posts

Click here to learn more about us

Showing 31 posts in CERCLA/Superfund. View our practice description for CERCLA/Superfund.

CERCLA Task Force Issues Recommendations

EPA Administrator Scott Pruitt has announced a set of Task Force recommendations that are aimed at improving the Superfund program.  The Agency’s adoption of these recommendations is another indication that demonstrable change to CERCLA implementation is of interest to the Trump administration.   It follows the EPA Administrator’s May 9 retraction of certain remedy selection authority from regional offices. Read More ›

Insurance Policyholders Score Victory on Critical Allocation Issue in Second Circuit Olin Decision

In an action seeking insurance coverage for environmental contamination, the United States Court of Appeals for the Second Circuit held that “all sums” allocation would apply to the policies at issue, and therefore the policyholder could choose which of the multiple triggered policy periods it preferred to cover the entire loss, up to the limits of the policies in that year.  Olin Corp. v. OneBeacon Am. Ins. Co., No. 15-2047(L) (2d Cir. July 18, 2017). Read More ›

EPA Issues NPDES Remediation General Permit Renewal for Massachusetts

U.S. Environmental Protection Agency (EPA) renewed the NPDES General Permit for Remediation Activity Discharges in Massachusetts effective April 8, 2017.  This permit authorizes discharges from contaminated sites as well as a collection of miscellaneous discharges that may be contaminated.  A companion permit was issued covering these discharges in New Hampshire.  According to the US EPA Fact Sheet, discharges from about 750 remediation projects were authorized under the 2010 permits, mostly in Massachusetts.   Read More ›

EPA Retracts CERCLA Remedy Selection Authority from Regional Offices for Remedies that Exceed $50 Million

On May 9, 2017, EPA Administrator Scott Pruitt issued two new delegations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) that limit to the Administrator (and possibly the Deputy Administrator) the authority to select remedies estimated to cost over $50 million. One delegation concerns Superfund sites generally; the other relates to federal facilities. Previously, all remedy selection was delegated to the Assistant Administrator for Office of Land and Emergency Management and the Regional Administrators. The authority to sign Records of Decision estimated to cost less than $50 million remains with those officials. A copy of the revised delegations and accompanying memorandum are available here.   Read More ›

Lost Insurance Policy? Pursuing Coverage for Long-Tail Environmental Liability Still Feasible

Companies facing environmental cleanup liability typically confront claims that are brought multiple decades after the alleged polluting activity took place. This passage of time often results in the loss or disappearance of crucial historic documents, including insurance policies, necessary to respond to the claims.  Historic general liability insurance policies issued before pollution exclusions became commonplace in the 1970s are of particular value in protecting a company from exposure to “long-tail” environmental liability.  Finding these policies, or evidence of their existence, therefore is a must.  A recent New Jersey federal court decision serves as a helpful reminder that when the actual policies cannot be located, even limited documentary evidence of their existence, when buttressed by the expert testimony of a credentialed insurance archaeologist, may be sufficient to prove the coverage and facilitate recovery. Read More ›

D.C. Circuit Signals Limits on EPA’s Authority to Reduce Requirements in Existing Environmental Rules: Waterkeeper Alliance v. US EPA

As the Trump Administration seeks to re-write many of the nation’s environmental rules, the U.S. Court of Appeals, District of Columbia Circuit, has issued a decision in Waterkeeper Alliance v. US EPA that signals the important oversight role the federal courts will play in reviewing executive actions, providing a cautionary note on the limits of executive authority. Read More ›

EPA Issues Guidance for Characterization and Remediation of Contaminated Sediment Sites Under CERCLA

In a Directive sent to Regional Administrators on January 9, 2017, the U.S. Environmental Protection Agency (“EPA”) Office of Land and Emergency Management has identified eleven recommendations intended to facilitate the development, evaluation, selection and implementation of response actions at contaminated sediment sites under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). The Directive supplements, but does not supersede, EPA’s previous sediment site guidance documents issued in 2002 and 2005, and draws upon EPA’s experience at dozens of contaminated sediment sites – among the most complex and expensive environmental cleanups in the nation – to highlight the importance of risk reduction and adaptive management strategies in achieving remedial goals.  EPA stresses its importance at sites with bioaccumulative contaminants where a response action is warranted in part because of risk to human health from consumption of fish or shellfish (i.e., PCBs, dioxins and furans, or methyl mercury). Read More ›

Second Circuit Offers Policyholders Painful Reminder on Giving Notice of Claims: Don’t Wait, Use Correct Addresses, and Be Specific

In January 2017, the Second Circuit ruled that policyholders must actually or presumptively give their insurers notice of specific policies under which they seek coverage—mailing a notice of the claim may not be enough. Travelers Indemnity Co. v. Northrop Grumman Corp., No. 15-3117-CV, 2017 WL 391926 (2d Cir. Jan. 27, 2017). Read More ›

New York Extends Statute of Limitations for Personal Injury Damages Caused by Contamination from Superfund Sites

On July 21, 2016, New York Governor Cuomo signed into law New York State Assembly Bill No. A09568, which amends the statute of limitations for filing actions to recover damages for
personal injury caused by contamination from Superfund sites.  The legislation is a result of public concern about the discovery of water contamination in Hoosick Falls, New York, and  Flint, Michigan. Read More ›

Eric Klein Quoted on Use of Freedom of Information Act to Challenge EPA in Bloomberg BNA

Eric Klein, a Principal and litigator in Beveridge & Diamond's Washington, DC office, was quoted in a Bloomberg BNA Daily Environment Report article titled "Companies Turn to FOIA to Challenge EPA Cleanups." Read More ›