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Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement

MGKF Law

20-2215, 2021 U.S. 2021); 42 U.S.C. § Clean Air Council v. Steel Corp. , LEXIS 18377, at *15 (W.D. § 9603. The court’s reasoning came down to an interpretation of CERCLA that the phrase “subject to” was intended to mean “governed or affected by” rather than “obedient to.” ” Id.

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Challenge to Superfund Settlement Rejected by First Circuit, Highlighting CERCLA Risks to Non-Settling PRPs

MGKF Law

Emhart Indus., CNA Holdings LLC , No. 19-1563, slip op. What makes this case unique, and bolstered the arguments of the objectors, is that the settlement incorporated work pursuant to a ROD that the District Court had already determined has not been selected in accordance with law.

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Penalties Under CERCLA for Denying EPA Access to Test

E2 Law Blog

But in the last days of 2021, the federal district court in White Plains, New York decided such a case under the federal Superfund statute. Environmental Protection Agency , No. Oddly, the courts have decided very few cases on the point, and most address access to records not to the property itself. Cannistra Realty, LLC v.

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EPA Recognizes 2 PA Companies With Top Environmental Performers and Leaders For Freight Supply Chain Efficiency

PA Environment Daily

Environmental Protection Agency recognized two Pennsylvania companies-- Pittsburgh-based Armada Supply Chain Partners , and Reading-based Penske Logistics LLC -- as industry leaders in freight supply chain environmental performance and energy efficiency. Posted: October 29, 2021] PA Environment Digest

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All (New and Improved?) Appropriate Inquiry

Acoel

Posted on December 17, 2021 by William L. ASTM announced revisions to its standard practice for Phase I environmental site assessments (E1527-21) on November 1, 2021 (the “Standard”). Environmental Protection Agency (“U.S. They will take effect on January 1, 2022, with publication and adoption by the U.S.

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Phase 1 Standard for All Appropriate Inquiries in Limbo

Greenbuilding Law

It is hugely significant that the Phase l Environmental Site Assessment standard is in limbo because that assessment is conducted in the vast majority of the 5.6 million commercial real estate transactions each year in the United States (i.e., including for a real estate purchaser to avoid liability under the Superfund law).

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Well Done Foundation, Seneca Resources Partner On Orphaned Well Plugging Project In McKean County

PA Environment Daily

WDF initiated talks with the State of Pennsylvania earlier this year and has received the full support of the Department of Environmental Protection. Funding for each project is made possible through corporate or individual sponsorships.