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Wednesday, August 5, 2020 | History

1 edition of 13th Annual RCRA/CERCLA and private litigation update found in the catalog.

13th Annual RCRA/CERCLA and private litigation update

13th Annual RCRA/CERCLA and private litigation update

December 9-10, 1993, Capital Hilton, Washington, DC : course materials

  • 185 Want to read
  • 14 Currently reading

Published by ABA in [Chicago] .
Written in English


Edition Notes

PRIORITY 2.

Statementsponsored by the American Bar Association, Section of Natural Resources, Energy, and Environmental Law, Committee on Solid & Hazardous Waste.
SeriesSONREEL seminar series
Classifications
LC ClassificationsIN PROCESS
The Physical Object
Pagination1 v. (various pagings) ;
ID Numbers
Open LibraryOL1234100M
LC Control Number94236775

RCRA VERSUS CERCLA quirements for life cycle management. 7. of chemical agents and munitions.' Its current mission includes the demilitarization. 9. and disposal of toxic materials. In , the Army began leasing portions of the Arsenal to private corporations who used the facility to develop, test. in RCRA and CERCLA Response Actions at Department of Energy Facilities August Prepared by U.S. Department of Energy Office of Environmental Policy and Guidance RCRA/CERCLA Division (EH) Technical Support by Argonne National Laboratory Project Performance Corporation For Additional Information Contact: John J. Bascietto, EH phone.

improve RCRA/CERCLA integration at Federal Facilities. As appropriate, additional information will be disseminated among states, federal agencies and EPA on this topic. EPA continues to stress that, generally, cleanup conducted pursuant to RCRA corrective action or CERCLA will substantively satisfy the requirements of both programs. We encourage.   The federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), better known as Superfund, provides private parties with two types of claims to recover costs associated with investigating and remediating contaminated sites – a cost recovery claim under CERCLA Section (a), 42 U.S.C. § (a), and a contribution claim under .

enforceable by any party in litigation with the United States. RCRA, Superfund & EPCRA Hotline Phone Numbers: National toll-free (outside of DC area) () Local number (within DC area) () National toll-free for the hearing impaired (TDD) () The Hotline is open from 9 am to 6 pm Eastern Time. @article{osti_, title = {A comparison of the RCRA Corrective Action and CERCLA Remedial Action Processes}, author = {Traceski, Thomas T.}, abstractNote = {This document provides a comprehensive side-by-side comparison of the RCRA corrective action and the CERCLA remedial action processes. On the even-numbered pages a discussion of the RCRA .


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13th Annual RCRA/CERCLA and private litigation update Download PDF EPUB FB2

Issues For Plaintiffs Settling Private CERCLA Litigation Law, New York (JPM ET)-- Mapping out a strategy to settle multiparty environmental litigation brought under the Comprehensive Environmental Response, Compensation and Liability Act is difficult under the best of Size: KB.

Superfund Attorneys — RCRA and CERCLA Litigation. Popularly known as the Superfund statute, the Comprehensive Environmental Response, Compensation and Liability Act of (CERCLA) provides a system for cleaning up contaminated properties throughout the United States. The Environmental Protection Agency (EPA) is at least in theory.

RCRA & CERCLA Projects When it comes to environmental solutions, we dig deep for the best answers for your specific project needs. To see our services in action, learn more about our work by exploring one of our many projects. CERCLA cost recovery litigation and settlements, see Jerome B Simandle, "Managing the Complex Superfund Cost Recovery, Case for Litigation and for Settlement," paper presented at the 23rd Annual Conference on Environmental Law, American Bar Association, Section of Natural Resources, Energy.

and. Representative RCRA/CERCLA Matters Portland-Bangor Waste Oil Services Sites, Maine Counsel to over 50 major generator PRPs at five inter-related waste oil sites in Maine (one NPL and four non-NPL) and member of PRP Group Steering Committee and Allocation Committee.

RCRA, CERCLA and Federal Facility Sites Process for SRRA Implementation but will not be required to pay the new annual remediation fee. At RCRA sites not on EPA’s RCRA GPRA universe list, a LSRP must be hired and the Department will no longer provide traditional oversight.

These sites will be subject to the standard. RCRA vs. CERCLA: How do RCRA and CERCLA differ. The main difference between the Resource Conservation and Recovery Act of (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act of is that RCRA is an approach to manage solid and hazardous waste at facilities that are currently in use while CERCLA is.

RCRA hazardous waste. Therefore, to determine when these RCRA requirements are applicable or relevant and appropriate, site managers must understand how to identify whether a CERCLA hazardous substance is a RCRA hazardous waste. This guide defines RCRA hazardous wastes and describes how to determine when a CERCLA substance is also a RCRA listed or.

A FEDERAL FACILITY WITH CERCLA AND RCRA ISSUES In many cases, facilities subject to an IAG win also have RCRA liabilities. The most common example of the RCRA/CERCLA overlap is where a unit(s) at the facility has interim status or a permit under.

RCRA and a portion of the facility is undergoing a CERCLA remedial investigation. The Ninth Circuit's holding that settlement agreements under an authority other than CERCLA (e.g., state law; RCRA) can give rise to a CERCLA Section (3)(f)(B) contribution claim now constitutes the majority position among the Circuits and may not remain a Circuit split once the Second Circuit can revisit its prior interpretation and join.

organizations, private citizens, and owners/operators of hazardous waste management facilities. Acknowledgments The RCRA Public Participation Manual was developed by the Office of Solid Waste with the invaluable help of a task group comprised of EPA and State regulators, industry representatives, and representatives of public interest groups.

Where appropriate, EPA uses Superfund tools to support RCRA corrective action and increase the speed of cleanups. Expediting cleanup: EPA's enforcement approach depends on facility-specific circumstances, including the size and urgency of the threats, and the cooperation of the involved parties.

Use of CERCLA Section (b)(3) Special Accounts at RCRA Corrective Action Sites - (12/20/12) Memorandum providing direction to the Regions on the scope of EPA's ability to retain and use funds in special accounts for the oversight of RCRA cleanups.

2) RCRA Citizen Suits for Injunctive Relief The Citizen Suit provisions are set forth in Section of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Sectionwhere in subpart (a)(1)(B), it states that any person may commence a civil action on his own behalf or: [A]gainst any person.

The new definitions go a long way to ameliorate the RCRA/CERCLA mismatch, but the new definition of disposal is a bit strained and faces several legal obstacles.

Amending the RCRA Definition of Disposal and Unit — A Congressional Solution. Congress should take decisive action in the upcoming RCRA reauthorization to resolve the RCRA/CERCLA. More than rulings from virtually the entire body of RCRA and Superfund litigation–30 years’ worth of litigation, 1, cases–are described and categorized in the Outline, which subscribers have found invaluable to quick and effective RCRA/CERCLA research.

Price: $ per year. Subscriptions begin in December or June. Connecticut Avenue 19 CWLR Computer Law 23 CWLR administrative Affirming agency Alabama alleged Amendment apply April Edition authority Bevill C&RWLR CERCLA challenge Chemical Waste Management citations omitted Citing civil penalties claims cleanup closure Commerce Clause comply Computer Law Reporter conceming Conservation.

The book surveys, organizes, and explains the most important provisions of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), while providing relevant background.

It emphasizes the scientific, policy, and legal issues that make hazardous waste management a Reviews: 3. OTHER LAWS THAT INTERFACE WITH RCRA CONTENTS 1. Introduction 1 2. Program Summaries 3 Clean Air Act 3 Clean Water Act 7 Safe Drinking Water Act 10 The Federal Insecticide, Fungicide, and Rodenticide Act 11 Toxic Substances Control Act 12 Pollution Prevention Act 15 Comprehensive Environmental Response Compensation and.

Guidance: Coordinating RCRA Corrective Action Activity and Closure and Superfund Site Activities Memorandum addresses coordination within enforcement program offices with the Resource Conservation and Recovery Act (RCRA) Corrective Action, Superfund, and state/tribal cleanup programs.

taminated sites by private parties while preserving governmental resources. 6. The "imminent hazard" provisions of the Resource Conservation and Recovery Act (RCRA),7 like CERCLA, are used to force responsi-ble parties to bear the costs of cleaning up contaminated sites. Sec.The Court held that a private party may pursue a claim for contribution under CERCLA § (f)(1) only during or after a civil action under CERCLA §§ or (a).

After the Court's ruling, an owner that voluntarily cleans its property bears a significant risk of incurring the entire remediation cost. Inthe bankruptcy court entered a CERCLA consent decree between Asarco, the U.S.

and Montana. This decree fully satisfied Asarco’s RCRA obligations. InAsarco filed a CERCLA contribution claim against ARCO, which argued that the time had long past since Asarco could maintain such a contribution action.