Poisons and Hazardous Substances : Health

FindLaw
Library
Health
Poisons and Hazardous Substances

Poisons and Hazardous Substances

Search Articles

Highlights of Utah Environmental Law
Craig D. Galli of Parsons Behle & Latimer
Environmental regulatory programs in Utah are administered primarily by the Utah Department of Environmental Quality ("DEQ"). DEQ administers environmental programs authorized by state statute as well as federal environmental programs for which the state has delegated authority from EPA under the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act.
Navigating the Next CERCLA Labyrinth: A Checklist for Defending Natural Resource Damages Claims at Hazardous Waste Sites
James A. Bruen and David J. Lazerwitz of Farella Braun + Martel LLP
Since its enactment in 1980, the Comprehensive Environmental Response, Compensation and Liability Act has dramatically altered the legal landscape concerning hazardous substance liability and remediation. During this time, CERCLA's Superfund program has resulted in nearly 45,000 site assessments, 7,400 removal actions, 850 completed cleanups and the commitment of more than $20 billion from potentially responsible private parties for remediation costs.
New Federal Brownfields Initiatives: Economic Development Forum:Recycling Industrial Land
William S. Waller of Pillsbury Winthrop Shaw Pittman LLP
The redevelopment of "brownfields" is a major issue in the 1990's. Recent federal initiatives are designed to remo.
Remedial Design is Not Remediation
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
In the case of Louisiana v. Braselman Corporation, the U.S. District Court for the Eastern District of Louisiana.
Recent Petroleum Cost Recovery Ruling Limits Rights in Pennsylvania
Buchanan Ingersoll & Rooney PC
A recent decision by Judge William W. Caldwell of the United States District Court for the Middle District of Penns.
EPA Audit Policy Update
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
EPA has issued an update to its audit policy to encourage companies with multiple facilities to take advantage of t.
New Jersey Gets Serious About the Cleanup and Reuse of Polluted Industrial Sites
Vincent J. Mangini of Stark & Stark
In accordance with so-called "smart growth" principles, James E. McGreevey, since becoming Governor of the State of New Jersey, has taken a number of definitive steps to provide municipalities and the private sector with assistance in redeveloping contaminated properties.
Disclosing Contingent Environmental Liabilities & Navigating In A New Environment
Jeffrey B. Gracer and Andrew J. Beck of Torys LLP
The Sarbanes-Oxley Act and its implementing regulations are increasing the level of scrutiny given to public companies' disclosure of contingent risks. Environmental issues, however, have not necessarily been at the top of the list. This article highlights some of the challenges presented for Sarbanes-Oxley compliance in the environmental arena, identifies potential solutions to those challenges and examines some of the consequences that are likely to flow from increased environmental disclosure.
Superfund Reauthorisation Or Reform: To Be Or Not To Be?
Oliver, Roseann 1 of Cahill, Christian & Kunkle, Ltd.
While both parties in Congress agree that Superfund needs significant reform, they disagree on the appropriate .
New Amendment to Pennsylvania's Hazardous Material Emergency Planning and Response Act
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
On December 20, 2000, Governor Ridge signed into law the first amendments to the Hazardous Material Emergency Plan.
Brownfields And The Redevelopment Of Contaminated Property
James P. Rigano of McMillan, Rather, Bennett & Rigano, P.C.
Contaminated industrial and commercial property, common in urban and suburban areas, have been underutilized due to.
Changes in GAAP Put Spotlight on Environmental Disclosure
Torys LLP
Recent changes to accounting rules governing asset retirement obligations, particularly with respect to environmental legal obligations, have put the spotlight on environmental disclosure. The new rules are quite complex and ambiguous. Many of the finer points in their application have yet to be worked through by the accounting industry, in-house counsel and environmental specialists.
Defusing the Y2K Tiime Bomb

It has become fashionable to lament and portend the end of the world as we know it under the guise of the so-called.
Incentives for Environmental Innovation: Federal Programs that Reward Innovative Environmental Protection
William J. Walsh and James M. Singer of Pepper Hamilton LLP
This article reviews several newfederal government-industry partnerships that encourage environmental innovation.
Trashing Superfund: The Role Of Municipal Solid Waste In CERCLA Cases
Daniel M. Steinway of Kelley Drye & Warren LLP
This article was originally published in the Outside Perspectives section of CCM -The American Lawyer's Corporate C.
Environmental Law Bulletin--Corporate Liability
Wilson Sonsini Goodrich & Rosati
This bulletin discusses strategies corporations, shareholders and directors can employ to reduce environmental liability.
Redevelopment Under State Super Fund Laws
Harry F. Klodowski of Law Offices of Harry F. Klodowski
Introduction In the fourteen years since CERCLA, nearly all states have passed some form of state hazardous.
The Environmental Audit As A Compliance Management Tool
Law Offices of Harry F. Klodowski
INTRODUCTION The environmental compliance audit has become more widespread in the last few years.
Special Bulletin: Federal and State Superfund Statutes Are Amended to Protect Lenders
William S. Waller of Pillsbury Winthrop Shaw Pittman LLP
The possibility of environmental liability for lenders resulting from making, administering or foreclosing on loa.
Major California Legislation Enacted in 1997 Relating to Superfund/Real Property Cleanups
Pillsbury Winthrop Shaw Pittman LLP
CALIFORNIA SUPERFUND/REAL PROPERTY CLEANUPS Environmental Responsibility Acceptance Act S.B. 1081 (Calderon).
Prior Owners and Operators Held Not Liable For Passive Migration of Contamination
Daniella Landers of Honigman Miller Schwartz and Cohn LLP
A federal appeals court recently held that prior owners and operators of contaminated property were not liable u.
CERCLA Contribution Defendants Held Not Liable if Discharges Are "Insignificant"
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
A recent decision by the United States District Court for the Western District of Michigan dismissed two defendant.
EPA Approves First-Ever Settlement Of Superfund Petition For Reimbursement
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
On June16, 1997, the United States Environmental Protection Agency's (EPA) Environmental Appeals Board .
Pennsylvania Innocent Purchaser Agreements for Brownfield Sites
Mitchell E. Burack of Pepper Hamilton LLP
This article offers a quick summary of the Land Recycling and Environmental Remediation Standards Act as well as sample agreements for review.
Site Assessments And Other Environmental Due Diligence Considerations From Site Owners' and Purchasers' Perspectives
Stanley R. Geary
Introduction Environmental considerations are often crucial in the sale or acquisition of real estate, stock or as.
Liability for LUSTs--An Illinois Perspective
Baker & McKenzie LLP
This article concerns Several new liability theories have emerged in litigation over leaking underground storage tanks ("LUSTs").
GAO Recommends SEC Improve Tracking of Environmental Liabilities and Disclosures
S. Joel Cartee and Mark F. McElreath of Alston & Bird LLP
This advisory summarizes a GAO report on environmental disclosures by public companies in filings with the SEC. The GAO recommended that the SEC take steps to improve the tracking and transparency of information related to the SEC's reviews of companies' filings and work with the EPA to explore ways to take better advantage of EPA data relevant to environmental disclosure.Ã
Lack of Evidence that Actions Resulted in Response Costs Precludes Company's Liability
Daniella Landers of Honigman Miller Schwartz and Cohn LLP
The United States District Court for the Western District of Michigan recently held that an association .
CERCLA Summary

This publication provides a brief overview of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Summary of The Toxic Substances Control Act
Environmental Protection Agency
This publication provides a brief overview of the Toxic Substances Control Act (TSCA).
Recovery of Natural Resource Damages Under Comprehensive General Liability Policies
Keith E. Lynott,Arnold L. Natali,Ira Gottlieb and Kelly A. Williams of McCarter & English, LLP
It is apparent to even a casual observer of trends and developments in environmental law that Federal and State authorities have expressed renewed interest on Natural Resource Damage ("NRD") claims. As discussed in this article, there is a fundamental distinction between liability related to damages for the cleanup of environmental sites and liability for damage to natural resources.
Emergency Regulations Anticipate The January 1, 1999 Sunset Of Key Provisions Of California's Superfund Program
Morrison & Foerster LLP
This article discusses the California Environmental Protection Agency issuance of emergency regulations on November 9, 1998 that purport to provide the Department of Toxic Substance Control with continuing jurisdiction over hazardous waste sites located throughout the state.
International Trade & Litigation News: Year 2000 Problems in Shipping and International Trade
DLA Piper LLP (US)
This article discusses the vulnerability of international trade to year 2000 problems.
Managing Transactions to Minimize Risk: The Buyer's Perspective
Heather A. Wyman of Buchanan Ingersoll & Rooney PC
INTRODUCTION In sports, every athlete recognizes that to gain the winning edge, preparation and knowing the compet.
Defending Contribution Claims Pursuant to the Spill Act
Raymond S. Papperman
Last year, the Legislature amended the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., to provide an innocent-purchaser defense to persons who purchased contaminated property prior to Sept. 14, 1993. Although the amendment provides criteria necessary to be met to establish the defense, it leaves open-ended the level of due diligence and inquiry necessary to have been performed by a past purchaser.
Help for Brownfields
Raymond S. Papperman of Stark & Stark
Ever expecting an influx of residents and business to New Jersey, Trenton is again touting "smart growth", the control of sprawl and the promotion of redevelopment. Several state programs are available in New Jersey to promote development of "brownfields"ÃÂ environmentally compromised and either abandoned, idle or underutilized sites that are often, but not always, former industrial sites or gas stations.
Court Upholds EPA Approval for Disposal of PCB Wastes
Robert A Hykan of Honigman Miller Schwartz and Cohn LLP
The United States Environmental Protection Agency (EPA) did not err in approving the disposal of polychlorinated bi.
Four Agencies Meet to Sign Letter of Commitment on Clean Up of Shared Rivers
Daniella Landers of Honigman Miller Schwartz and Cohn LLP
On April 17, 1998, senior representatives of the U.S. Environmental Protection Agency (EPA), the Michigan Departmen.
CERCLA Liability for Routine Construction Activities
Stephen M. Bruckner of Fraser Stryker PC LLO
The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") imposes strict liability upon four (4) categories of potentially responsible parties ("PRPs") for any release or threatened release of a hazardous substance into the environment.
Legislative Developments Provide New Protections for Secured Creditors and Fiduciaries
Heather A. Wyman of Buchanan Ingersoll & Rooney PC
INTRODUCTION Since the passage of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCL.
Pre-CERCLA Sale Agreement Held to Transfer Liabilities Arising Under Later Laws
Riker Danzig Scherer Hyland & Perretti LLP
Examined is the Sixth Circuit Court's ruling in White Consolidated Industries, Inc. v. Westinghouse Electric Corporation, which will limit claims by purchasers based upon sale contracts that were consummated prior to enactment of environmental liability statutes.
2004: An Active Year in Canadian Environmental Law
Michael J. Fortier,Leonard J. Griffiths and Dennis E. Mahony of Torys LLP
The year 2004 has proven to be another active year for environmental law in Canada, which continues to develop in response to international and domestic influences. A noteworthy example of an international event with potentially far-reaching implications for Canadian business was the U.S. Environmental Protection Agency's (EPA's) move to unilaterally assert jurisdiction over the Canadian operations of a Canadian company, Teck Cominco Metals Ltd. (Teck Cominco), for allegedly causing pollution in the United States. Another example is the Russian ratification of the Kyoto Protocol to the U.N. Framework Convention on Climate Change, which will lead to the much-debated protocol coming into effect on February 16, 2005.
Brownfields Revitalization
Spiegel & McDiarmid LLP
The cleanup and revitalization of urban "brownfields" represents one of the most exciting, and most .
Tennessee Department of Environment & Conservation and Tennessee Water Quality Control Board Move Closer Toward Rulemaking for ARAP Program
Waller Lansden Dortch & Davis LLP
Waller Lansden's November 3, 1997 Environmental Group Bulletin informed you of a Tennessee Department of Environmen.
Ignorance Is Not Bliss: What You Don't Know About Your Tenants May Hurt You
Barry J. Trilling and Pamela B Schmaltz of Pepper Hamilton LLP
This article discusses the potential liabilities that an owner of commercial or industrial property may face under environmental laws in the context of landlord/tenant leasing arrangements.
Massachusetts Brownfields act
Nancy Kaplan of Keegan Werlin LLP
There are presently 8000 identified contaminated sites in Massachusetts, most of which are commercial or industrial.
EPA Settlement Policies and Contribution Protection
Daniel M. Darragh of Woods Rogers PLC
INTRODUCTION The Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. ??.
Chrysler Not Liable As Successor At Willow Run Site
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
The United States District Court for the Eastern District of Michigan has rejected claims that Chrysler Corporat.
Brownfields, Environmental Justice, and Indian Lands:The Future of Real Estate Development in New Mexico
William C. Scott
A look at the land development options in the Albuquerque metropolitan area illustrates that brownfields initiatives, the environmental justice movement, and leasing and development of Indian lands may become increasingly significant components of the New Mexico real estate lawyer's day-to-day practice.
Unusual Partnership Yields $1 Million Cleanup Grant for Brownfield

On January 15, 1998 Governor Tom Ridge and Secretary of Community and Economic Development Samuel A. McCullough ann.
Part 201 Civil Penalty Moratorium to End -- State Actions Against Liable Property Owners and Operators Expected
Dykema Gossett PLLC
June 5, 1997, marks the end of the moratorium on the assessment of civil penalties on owners and operators of conta.
Real Estate Trends: Environmental Representations and Warranties in Acquisition Agreements
Martin H. Lewis of Arter & Hadden LLP
This article will examine common environmental representations and warranties and analyze a number of issues of concern to both buyers and sellers regarding those representations and warranties.
Environmental Accounting
Darlene T. Marsh of Greenebaum Doll & McDonald PLLC
Recent events over a twenty-four hour period indicate that the reporting of environmental liabilities is a continuing problem. On July 15, Senator Jon Corzine hosted a symposium on corporate disclosure of environmental information in financial statements in the Dirksen Senate Office Building. On July 16, the Governmental Accountability Office (GAO) issued a study titled "Environmental Disclosure, SEC Should Explore Ways to Improve Tracking and Transparency of Information." And finally, Martha Stewart was sentenced to prison for crimes related to financial reporting.
ISO 14000: Will It Work For You
Mary L. Walker 1 of Brobeck Phleger & Harrison LLP
This article discusses some of the benefits and issues surrounding ISO 14000 certification.
House Panel Explores Environmental Impact of Tax Code
Daniella Landers of Honigman Miller Schwartz and Cohn LLP
The Michigan House of Representative's Environmental Tax Subcommittee (Subcommittee) recently issued an Interim Dra.
U.S. Environmental Protection Agency: Frequently Asked Questions

This publication answers 21 frequently asked question about how to protect the environment, how to report violation of EPA rules, and how to find other EPA publications.
Environmental Bulletin
Waller Lansden Dortch & Davis LLP
Special Legislative Update The deadline for introduction of new legislation in the 1999 Tennessee General Asse.
Environmental Law
Michael J. Fortier 1,Leonard J. Griffiths 2 and Dennis E. Mahony 3 of Torys LLP
The year 2004 has proven to be another active year for environmental law in Canada , which continues to develop in response to international and domestic influences.
Environmental Justice: Recent Federal and State Developments
Saul Ewing LLP
Will additional facility expansions or brownfields developments be delayed, or environmental permits adversely affe.
Environmental Liability Disclosure and the Sarbanes-Oxley Act
Chris Locke and Andrew W. Ingersoll of Farella Braun + Martel LLP
The United States Congress enacted the Sarbanes-Oxley Act of 2002 in response to a series of corporate financial crises that shook the public's faith in the financial markets. This article provides a brief summary of federal securities laws and regulations, as well as guidance from the SEC and various accounting authorities, applicable to the assessment and disclosure of environmental liabilities.
Guard Against De-emphasizing Environmental Due Diligence in Commercial Real Estate Transactions
Dennis J. Donohue of Warner Norcross & Judd LLP
This article reminds commercial real estate developers that rigorous due diligence is still required before a real estate transaction is completed.
Facing the Oncoming Onslaught of Criminal Environmental Enforcement
Devin S. Schindler
This article reviews how a company may avoid criminal environmental enforcement by following the steps outlined in this document.
New Trends in Environmental Law: Environmental Justice
Morrison & Foerster LLP
This article concerns new rules proposed by the EPA which would mandate the new developments and project must consider and report effects of their projects on minority communities.
Beware: New Federal Brownfields Legislation is not a Panacea for Urban BlightÂ…
Susan E. Padley of Howard & Howard
Brownfields, those abandoned, polluted tracts of urban land have gotten a boost from recent federal legislation. While many states have had "brownfields initiatives" legislation designed to encourage redevelopment of brownfield properties for many years, the federal government has just recently gotten on board.
Environmental Violation

This publication provides information about how to recognize and report violations of environmental regulations.
CERCLA Amended To Limit Liability, Stimulate Brownfields Redevelopment
Pillsbury Winthrop Shaw Pittman LLP
President Bush signed into law the Small Business Liability Relief and Brownfields Revitalization Act, the first substantial set of amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) in years. The amendments are complex and cover many aspects of the Superfund program.
Every Last DropÃ‚Â…
Gary R. Letcher, Environmental Counsel
It is incredible how even the tiniest spill can cause a huge headache for a carrier of hazardous materials.

Poisons and Hazardous Substances

FindLaw Career Center