Posts marked "CERCLA/Superfund"

On February 14th, the U.S. Environmental Protection Agency (EPA) introduced its PFAS Action Plan to better understand PFAS chemicals and the extent of existing contamination, prevent future contamination, and more effectively communicate with the public regarding PFAS and associated health and environmental risks. PFAS, a group of chemicals created in the 1940s, exist in a … Read Post

SPR attorneys successfully defended the appeal of their summary judgment victories for the defendants in Next Millennium Realty, LLC v. Adchem Corp. (16-1260-cv) in the Court of Appeals for the Second Circuit. The May 11, 2017 order dismissing the appeal upheld three successive summary judgment decisions by the District Court. These decisions (1) rejected the … Read Post

Since 1990, the United States Environmental Protection (“EPA”) has evaluated contaminated sites for inclusion on the Superfund National Priorities List (“NPL”) based on the risks posed by human or ecological exposure to hazardous substances from groundwater, surface water, soil and outdoor air.  On December 7, 2016, EPA finalized regulations authorizing the listing of NPL sites … Read Post

SPR Principal Dan Chorost and Associate Priya Murthy wrote the lead article in the August 2015 issue of Environmental Law in New York.  The article, “Demonstrating Divisibility at Sediment Megasites: Building a Case Against Joint and Several Liability in Superfund Waterways,” provides practice commentary on a defense to Superfund liability in contaminated waterways. Contaminated waterways … Read Post

SPR attorneys have secured a victory on summary judgment for several defendants in Next Millennium Realty, LLC v. Adchem Corp. The plaintiffs in Next Millennium are the current owners of a contaminated site in Westbury, New York. They sought to recover millions of dollars in remediation costs for that site – which is a portion … Read Post

As anticipated, last week the EPA added the Wolff-Alport Chemical Company site to the National Priorities List, making the Ridgewood, Queens site the third active Superfund site in New York City.  In contrast with the Gowanus Canal and Newtown Creek Superfund sites, the proposal to list the Wolff-Alport site appears to have attracted relatively little … Read Post

On December 11, 2013, the U.S. Environmental Protection Agency (“EPA”) proposed the addition of a site in Ridgewood, Queens to its National Priorities List (“NPL”).  The NPL, more commonly known as the “Superfund List,” designates the country’s most hazardous waste sites for further investigation and long-term cleanup. According to the EPA, the site is a … Read Post

Last week, the Global Alliance on Health and Pollution (“GAHP”) released a report examining laws governing the remediation of contaminated properties in seven Latin America countries, as well as the United States, and identifying best practices.  The report, entitled “Regulatory Best Practices for Remediation of Legacy Toxic Contamination,” was produced by the Cyrus R. Vance … Read Post

The Division of Environmental Remediation of the New York State Department of Environmental Conservation (DEC) has released its 2012-2013 Annual Report, noting key developments of the past State Fiscal Year (April 1, 2012 – March 31, 2013). As reflected in the Annual Report, DEC’s environmental remediation programs affect many businesses across the state. For example, … Read Post