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Environmental Protection Agency To enable EPA to pursue all potentially recoverable costs from responsible parties, the Administrator, EPA, should include administrative settlements with unrecovered costs and financially viable nonsettlers in the nonsettler tracking system. EPA plans to continue working with its regions and other federal agencies to ensure that all costs are pursued in cost recovery actions. Environmental Protection Agency To enable EPA to pursue all potentially recoverable costs from responsible parties, the Administrator, EPA, should issue guidance to the regions for calculating interest appropriate for inclusion in settlement negotiations under its existing authority.
- This table of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents.
- EPA plans to continue working with its regions and other federal agencies to ensure that all costs are pursued in cost recovery actions.
- The Electronic Code of Federal Regulations is a continuously updated online version of the CFR.
- If you have questions for the Agency that issued the current document please contact the agency directly.
- These categories and EPA’s revised methodology for calculating indirect costs were first announced in a June 2000 document entitled Guidance on Exercising CERCLA Enforcement Discretion in Anticipation of Full Cost Accounting Consistent With the “Statement of Federal Financial Accounting Standards No. 4”.
https://intuit-payroll.org/ a memory disk storage manufacturer in negotiations with EPA and a state agency resulting in a consent decree for clean up costs and natural resources damages related to a recycler who had released mixed hazardous wastes into the soil and groundwater in Oklahoma. Representing an international mining company in a multi-party cost recovery litigation and settlement related to the release of mining wastes over a hundred year period into a central Arizona creek drainage basin at various locations by different mine operators. Environmental Protection Agency To ensure maximum recovery of EPA cleanup costs from the parties responsible for these costs, the Administrator, EPA, should develop better information on the recoverability of costs and the success of settlement negotiations. Agency Affected Recommendation Status Environmental Protection Agency To ensure maximum recovery of EPA cleanup costs from the parties responsible for these costs, the Administrator, EPA, should expedite the issuance of the regulation on indirect costs. EPA issued guidance for recovering interest and has completed installation of the SCORE automated data systems in its regions to aid interest calculation in cost recovery actions. These groups serve as the focal point for the exchange of information among the local community and the EPA, the State regulatory agency, and other pertinent Federal agencies involved in the cleanup of the Superfund site. A CAG provides a public forum for community members to represent their specific needs and concerns throughout the cleanup and remediation process.
Court Affirms Superfund Ruling Affecting Cleanup Cost Recovery Timeline
Further, the remaining Superfund Cost Recovery and non-hazardous solid waste will be disposed of on-site in a newly constructed hazardous waste landfill. Counseling a large mining client in preparation for a response to a 104 Questionnaire and multi-media inspection of a mine in northern Arizona and successfully negotiating with EPA to avoid further Superfund liability.
Prosecuting environmental cost recovery actions on behalf of a number of clients, including a large regional convenience store chain and a national retail pharmacy chain, against former owners and owners of neighboring properties. Defending a specialty chemicals company in a CERCLA cost recovery action brought by EPA, resulting in the dismissal of the federal government’s claims with prejudice. (United States v. Rohm and Haas, 2010 U.S. Dist. LEXIS (D.N.J. Sept. 22, 2010)).
CERCLA Liability For Relocation of Hazardous Waste — Is There Any Limit?
Acting as special counsel in a CERCLA cost recovery action brought by a commercial property owner for contamination resulting from the terrorist attacks on September 11, 2001. Defending a specialty metals manufacturer as appellate counsel in a CERCLA private cost recovery action, resulting in the U.S. Court of Appeals for the Third Circuit vacating a $13 million verdict entered in favor of the plaintiffs by the trial court. (Agere Systems, Inc. v. Advanced Environmental Technology Corp., 602 F.3d 204 (3d Cir. 2010)). As Superfund lawyers know, the Supreme Court decision in Burlington Northern required proof of an intent to dispose hazardous substances as a prerequisite to imposition of arranger liability.
Representing the primary defendant in a natural resource damages action where the government sought more than 800 acres of land in compensation for alleged natural resource damages. SCORPIOS is used to organize cost information and produce reports that summarize the costs for a specific Superfund or Oil site. In City of Emeryville v. The Sherwin-Williams Company, the Ninth Circuit recently underscored that CERCLA settlements can be a risky business that don’t always produce finality, particularly when neither the United States nor a state is a party. In State of New York v. Next Millenium Realty, decided earlier this week, the 2nd Circuit Court of Appeals confirmed the wisdom of Gilbert and Sullivan.
Category Archives: Cost Recovery
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