David Moore Archives

Oct 26, 2017

Federal Court in Rhode Island Invalidates Superfund Unilateral Administrative Order

Map: Centredale Manor Restoration Project Superfund Site in North Providence, Rhode Island

The U.S. District Court for the District of Rhode Island has agreed with a PRP that portions of a Unilateral Administrative Order (UAO) for cleanup of the Centredale Manor Restoration Project Superfund Site in North Providence, Rhode Island were arbitrary and capricious. Emhart Industries, Inc. v. New England Container Company, Inc., et al, (August 17, 2017). Although normally, review of a UAO is confined to the administrative record, the Court agreed with a PRP that refused to comply with the UAO that expert testimony outside the administrative record should be considered. After considering the outside expert testimony, the Court concluded… Read more

Aug 18, 2014

Sixth Circuit Holds That Settling PRPs at Superfund Sites Are Limited to Contribution Claims Against Other PRPs

The interplay of two remedies for recovery by Potentially Responsible Parties (PRPs) of their cleanup costs at contaminated sites has been a lively topic of debate ever since Congress added Section 113(f) in 1986, clarifying the right of parties held jointly and severally liable for cleanup costs to seek recovery of a share of those costs from other PRPs who had not contributed toward cleanup. In 2007, the Supreme Court in United States v. Atlantic Research Corp. held that both Section 113 contribution claims and the pre-existing remedy under Section 107 for cost recovery were available to PRPs, depending on… Read more

Aug 4, 2014

Fourth Circuit Court of Appeals Narrows Clean Water Act Permit Shield

Finding that mining industry arguments in the case would “tear a large hole” in the Clean Water Act, a unanimous panel of the Fourth Circuit Court of Appeals upheld the liability of A&G Coal Corp. for discharges of selenium that were not authorized by its National Pollutant Discharge Elimination System (NPDES) permit for its mining activities at a site in Virginia. Southern Appalachian Mountain Stewards (SAMS), et al. v. A&G Coal Corp. (4th Cir., July 11, 2014). A&G had argued that the Clean Water Act (CWA) permit shield, under which discharge of a pollutant does not violate the CWA provided… Read more