Posts marked "RCRA"

The United States Environmental Protection Agency (“EPA”) is currently accepting public comments on a proposed rule overhauling the regulation of hazardous waste generators under the Resource Conservation and Recovery Act. The proposal draws on over 30 years of experience from EPA, the regulated community, and other stakeholders, and attempts to clarify a notoriously complex statutory … Read Post


The United States Environmental Protection Agency (“EPA”) has proposed new amendments to its regulations under the Resource Conservation Recovery Act (“RCRA”) that would ban the disposal of hazardous waste pharmaceuticals in public sewer systems. Under existing law and regulations, hazardous pharmaceutical wastes can pass through public water treatment plants untreated and enter surface water bodies, … Read Post


Changes are happening in the electronic equipment recycling field; by next year, these changes will significantly affect recyclers, municipalities, property managers, and even individual homeowners.  These include, most notably, an absolute ban on disposing electronic equipment throughout New York State and national changes to the R2 Responsible Recycling and e-Stewards standards, which affect recyclers nationwide. … 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


On April 16, the United States Environmental Protection Agency (“EPA”) took a significant step towards finalizing its long-pending guidance on the evaluation and response to vapor intrusion from contaminated soil and groundwater, releasing an updated draft of the guidance for public comment.  The guidance, which EPA first released in draft form in 2002, is anticipated … Read Post


On June 21, 2012, the Supreme Court ruled in Southern Union Co. v. United States that the Sixth Amendment’s guarantee of a jury trial – and the corresponding requirement that a jury must decide, beyond a reasonable doubt, all facts leading to criminal liability – applies to criminal fines under RCRA. Because the ruling applies … Read Post


Earlier this month, a federal court in New Jersey denied Lockheed Martin Corporation’s (“Lockheed Martin’s”) motion to dismiss state and federal claims alleging personal injuries and reduced property values arising from soil vapor intrusion.  Leese v. Lockheed Martin Corp., No. 11-5091, 2012 U.S. Dist. LEXIS 50963 (D.N.J. April 11, 2012).   This decision allows the case to … Read Post


On May 4, 2010, following significant revisions (reportedly at the behest of the Office of Management and Budget), the Environmental Protection Agency (“EPA”)  released proposed regulations governing management of coal combustion residuals generated by coal fired power plants, commonly known as coal ash (the “Proposed Rule”).  In Fall 2009, EPA indicated it would release the … Read Post


The promulgation of a proposed rule regulating coal ash has been delayed amid numerous meetings between industry representatives, environmental groups and federal agencies.  On October 16, 2009, the Environmental Protection Agency (“EPA”) sent its proposed coal ash rule to the Office of Management and Budget (“OMB”).  EPA Administrator Lisa Jackson had promised that a proposed … Read Post


The Manhasset Lakeville Water District has secured a $2.75M settlement for costs incurred in response to contamination of the aquifer underlying the Water District’s service area.  Sive Paget & Riesel represented the Water District in its efforts to recover these costs. The Water District provides drinking water to its 45,000 customers in Manhasset, Great Neck, … Read Post