Tag Archives: RCRA

EPA Publishes the Hazardous Waste Generator Improvements Rule

The Environmental Protection Agency recently published the Hazardous Waste Generator Improvements Rule (“HWGIR”), offering improvements to the Resource Conservation and Recovery Act’s (“RCRA”) Hazardous Waste Generator Regulatory program enacted in 1980. The new rule brings over 60 changes, which are intended to clarify existing requirements, increase flexibility and improve the rule’s usability by the regulating … Continue Reading

EPA Publishes Proposed Site Remediation NESHAP Rule Amendments

The EPA recently published proposed rule amendments that would subject site remediation activities performed under the Comprehensive Response and Compensation Liability Act (“CERCLA”) and Resource Conservation and Recovery Act (“RCRA”) to National Emission Standards for Hazardous Air Pollutants (“NESHAP”). The EPA is also proposing to remove the applicability requirement that a remediation site must be … Continue Reading

IDEM Issues New Nonrule Policy

On Nov. 13, the Indiana Department of Environmental Management (IDEM) issued Nonrule Policy Document No. MP-008-NPD to express its interpretation of the corrective action requirements under the federal Resource Conservation and Recovery Act (RCRA) and the parallel authority under Indiana law for subsequent owners of former hazardous waste treatment, storage or disposal facilities. Notably, this … Continue Reading

Brownfield Redevelopment Article Published in The Indiana Lawyer

I recently authored the article “RCRA threatens validity of brownfield redevelopment,” which was published in the Aug. 27-Sept. 9 issue of The Indiana Lawyer. The article discusses the developing trend in the area of brownfield development involving routine property transaction deals that have been scuttled by a questionable application of the Resource Conservation and Recovery … Continue Reading

Contractor Not Responsible For Sub’s RCRA Liability

Having represented environmental contractors accused of malpractice, I welcomed a recent federal court decision finding that an environmental contractor is not liable under RCRA simply because it hired a subcontractor that performed a wrongful act, even though the act resulted in the release of a hazardous waste into the environment. In National Exchange Bank and Trust … Continue Reading

RCRA Vapor Intrusion Liability for “Passive Inaction”

An environmental contamination case set for trial based on liability under the Resource Conservation and Recovery Act (“RCRA”) for “passive inaction and studied indifference” recently settled, but the court filings provide a valuable lesson to property owners to address contamination promptly and to document delays outside of their control (such as agency review and approval … Continue Reading

Dry Cleaner Liable Under CERCLA and Headed to Trial on RCRA Claims

A federal district court recently entered summary judgment against a dry cleaner on a property owner’s CERCLA claim for past response costs and declaratory judgment claim regarding future response costs, and allowed the property owner’s RCRA claims to proceed to trial in Forest Park National Bank & Trust v. Ditchfield, 2012 WL 3028342, Case No. … Continue Reading

Right to Jury Trial Applies to Environmental Criminal Fines

The United States Supreme Court recently tossed $18 million in criminal fines issued under the Resource Conservation and Recovery Act of 1976 (RCRA) against Southern Union Company because the imposition of the fines violated Southern Union’s Sixth Amendment right to have a jury determine any fact (other than the fact of a prior conviction) that … Continue Reading

RCRA Citizen Suit Tossed

The Second Circuit Court of Appeals recently affirmed dismissal of a RCRA citizens’ suit on the grounds that plaintiffs did not set forth the identity of the specific chemicals released by the defendant in plaintiffs’ notice of intent to sue. I invite you to read an article I wrote regarding this suit, Brod v. Omya, — F.3d … Continue Reading