LATEST INSIGHTS

CERCLA / Ohio
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CERCLA Update – Watch Out for Inadequacies in Allegations; Pleading Requirements to Satisfy a “Disposal”

Late last year, in our Law360 article “Definition Of ‘Disposal’ Limits CERCLA’s Applicability,” we analyzed an Ohio District Court’s pleading requirements to state a claim for liability under CERCLA. The plaintiffs’ initial complaint in that case had been dismissed because it failed to sufficiently allege “active human conduct” causing hazardous substances to be “discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water at the Site so that it could enter the environment.” We left off with the …

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New York
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Up in the Air: The Evaporating Confidence of New York Property Owners

A growing number of New York State property owners are facing legal issues, decreases in property value, unexpected environmental remediation costs, and general uncertainty because of a phenomenon called “vapor intrusion.” Goldberg Segalla’s John F. Parker and Rosa D. Forrester have explained the issue in an article for New York Law Journal.

“In New York, recent changes in environmental guidelines and practices have led to the reopening of previously closed environmental spill sites to further investigate the presence of volatile organic compounds that have …

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Groundwater Monitoring / Illinois
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Paper Beats Rock? Illinois Legislature Entertaining Dueling Bills on Rock Quarry Water Monitoring

As the clock winds down on the 2017 legislative session, the Illinois legislature is currently debating over two diametrically opposed bills regarding the proper testing to be done on the groundwater surrounding reclaimed rock quarries.

Representative Margo McDermed, a Republican, has sponsored legislation that would require groundwater monitoring around quarries that are being used to store construction waste. Under current Illinois Environmental Protection Agency regulations, concrete free of steel reinforcement bars, rock, stone, brick, and asphalt from sites where buildings are going up or being …

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