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January 2015 Archives

The Massive Impact of EPA's New Proposed Ozone Regulation

On December 17, 2014, EPA published in the Federal Register its proposed new National Ambient Air Quality Standards (NAAQS) to sharply reduce the current ozone levels. These new standards will affect a wide range of industries, including those that paint, coat, bake, manufacture, package, or print.

Environmental - Avoid CERCLA Consent Orders After Cert. Denial in Hobart

The Supreme Court on January 20, 2015 denied certiorari in the Hobart case.  As to private PRPs, after this denial, a company that wants to cooperate with EPA on a CERCLA environmental cleanup would be well advised to insist that EPA issue a unilateral 106 Order and respectfully decline to sign any consent order.  In that way, the company would preserve the right to bring a 107 action against those that don't settle  (a company receiving a 106 Order has not resolved its liability to the United States).  It should retain the benefit of the longer statute of limitations, and would not have submitted to stipulated penalties, nor  waived any defenses to exorbitant oversight costs.  Additionally, if there is a dispute about the remedy, at least in the Seventh Circuit, EPA cannot get a permanent injunction but is limited to statutory penalties.  In theory, EPA could hire a contractor to do the work and sue for treble damages, but at least in the past it has been reluctant to take that course.

Firm News & Articles

On January 27, 2014, the Supreme Court of the United States denied a petition for certiorari that sought to overturn our defeat of DOJ's arguments in the Seventh Circuit in Bernstein, et al. v. Bankert, et al. For the front page article in Bloomberg's Toxics Law Reporter, click here. For the Seventh Circuit's decision, click here.

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