Hazardous Waste (RCRA/CERCLA)

Despite its limitations, most commercial and industrial property transactions rely on the Bona Fide Purchaser Defense (BFPD) to CERCLA as the principal means of protecting new owners from environmental liability.  While EPA has adopted the “All Appropriate Inquiry” (AAI Rule) to provide some clarity to the steps necessary to qualify for the defense, there is

While the Trump Administrations primary environmental agenda has been focused on deregulation, one area EPA Administrator Scott Pruitt has prioritized is Superfund (i.e. CERCLA).  Superfund is meant to investigate and cleanup the dirtiest sites in the country.  However, its long and complicated investigation, remedy selection and cleanup implementation processes have slowed cleanups to a crawl.

Late last year U.S. EPA enacted the "Hazardous Waste Generator Improvements Rule" which constitutes a major overhaul of the federal hazardous waste regulations (RCRA) that apply to any generator of hazardous waste.  The new rule impacts thousands of businesses, including even small generators of hazardous waste.  EPA estimates that between 424,100 and 676,900

Following a failure of the dike at the Kingston Fossil Plant in Tennessee which received national attention, the Obama Administration announced it would re-evaluate regulation of coal combustion residuals (CCR) or coal ash.  

The Administration’s key decision was whether to regulate CCR under Subtitle C of the Resource Conservation and Recovery Act (RCRA) as

 

When most people think of businesses that handle hazardous waste, they think of manufacturing and other industrial companies.  The classic image is the storage of 55 gallon drums marked with placards indicating the contents are hazardous. 

In the last two years and unlikely sector has found themselves the focus hazardous waste enforcement and regulatory