On August 24th, Ohio EPA released new guidance that incorporates an unprecedented approach to vapor intrusion. Under the new guidance, Recommendations Regarding Response Action Levels and Timeframes for Common Contaminants of Concern at Vapor Intrusion Sites in Ohio, the Agency is for the first time demanding immediate action when contaminant levels exceed certain established
Expect Dramatic Increases in Federal Civil Penalties for Environmental Violations
On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvement Act of 2015. The law required all federal agencies to increase civil penalties with inflation. While there were previous requirements to increase civil penalties, the new law provides for more dramatic increases attributable to the following changes:
- Requires
What to Do in the Event of an Environmental Criminal Search Warrant
Nothing can be more stressful than having your business be the subject of a criminal investigation. The investigation itself can have serious ramifications for employees, result in lost business as well as interrupt typical business operations. With so much on the line, your business and your freedom, it is wise to contact legal counsel as
U.S. EPA’s July Environmental Crimes Bulletin- Failure to Notify, Falsification and Waters of the U.S.
Here are the highlights from U.S. EPA’s July Environmental Crimes Case Bulletin:
Failure to Notify Regarding Asbestos
A Company had sampling performed to determine if the walls and ceiling of a riverboat they were going to demolish contained asbestos. The samples indicated they did contain asbestos. According to U.S. EPA, the company hired
Five Things to Expect from State EPA Regulators After the Flint and Sebring Water Crises
On July 29th, the Michigan Attorney General Bill Schuette charged six more public officials in connection with their roles in the Flint Water Crisis. One of the six charged included a senior management official at the Michigan Department of Environmental Quality (MDEQ)- the former Chief of the Office of Drinking Water and Municipal Assistance. The
Like Ohio, TCE Gets Attention in Massachusetts
Ohio is not the only state that is reviewing all sites that have trichloroethylene (TCE) contamination. Massachusetts Department of Environmental Protection (MassDEP) recently announced that is was going to review 1,000 closed sites with TCE contamination. MassDEP will evaluate the sites "based on the current understanding of health risks, even if the site was previously
PRESIDENT SIGNS LANDMARK CHEMICAL BILL INTO LAW
Guest Post from Arun Kottha and Christopher Caryl at Tucker Ellis.
On June 22, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends the Toxic Substance Control Act (TSCA), the nation’s primary chemical management legislation. TSCA was originally enacted in 1976 and is administered by
Ohio EPA Takes Hard Look at Vapor Intrusion Risks
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Vapor intrusion is the process where contamination in soil and groundwater volatilizes and enters indoor air in buildings. Understanding and evaluating the risks to occupants of buildings with vapor intrusion issues has received dramatic new focus nationally in recent years.
In Ohio, scrutiny of vapor intrusion issues is at an all time high. This post
Supreme Court Decides Army Corps JD’s Can be Appealed
In a very significant case for property owners and developers, the U.S. Supreme Court issued its decision today that Army Corps Jurisdictional Determinations (JDs) are final agency actions which can be challenged in Court. In U.S. Army Corps of Engineers v. Hawkes, the Court determined that JDs meet the test for final agency actions:
What Ohio Can Learn from the New Kansas Brownfield Law
In my four part blog post series- Rethinking Brownfield Redevelopment in Ohio- the final post advocated for a new Ohio liability protection law for buyers of contaminated property. The new law would provide brownfield redevelopers liability protection faster and at a lower cost than the current Ohio Voluntary Action Program (VAP).
I suggested looking to