Tag Archives: Superfund

USEPA Issues Policy Guidance on Evaluation of Institutional Controls

by Bob Wenzlau | 09 / 23 / 2011 |

The USEPA released on September 13, 2011 new guidance titled “Recommended Evaluation of Institutional Controls: Supplement to the Comprehensive Five Year Review Guidance”  providing recommendations for the monitoring and inspection of ICs during the CERCLA five-year review process.  The new USEPA guidance recommends that “ICs be mentioned specifically in the overall protectiveness statement when long-term protectiveness [...]

Posted in Cleanup Site Map Service, LandWatch
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Panel at Brownfields 2011 to Discuss Emerging Trends of IC Stewardship

by Mike Sowinski | 03 / 29 / 2011 |

A group of institutional control experts and state and local government experts, in a roundtable setting, will describe and compare thoughts about emerging trends in the IC institution, and particularly IC monitoring and stewardship, during an upcoming educational session at Brownfields 2011 – April 4th at 1pm.

Posted in Continuing Obligations, LandWatch, Overview
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Tracing the Evolution of the Phrase “Continuing Obligations”

by Mike Sowinski | 02 / 21 / 2011 |

A new “CERCLA Continuing Obligations” discussion group recently began in Linkedin – actually its a subgroup within the “Environmental Issues in Business Transactions” discussion group that Larry Schnapf manages.  Given this, it seemed right to quickly review how the phrase “continuing obligations” came into being and where its heading. It started with CERCLA’s Brownfield Amendments. [...]

Posted in Continuing Obligations
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Court Finds “Appropriate Care”

by Mike Sowinski | 01 / 25 / 2011 |

In 3000 E. Imperial, LLC, Plaintiff, v. ROBERTSHAW CONTROLS CO, et al. Defendants, No. CV 08-3985 PA, 2010 U.S. Dist. Lexis 138661 (C.D. Cal. Dec. 29  2010), a Federal District Court in California found a contaminated property purchaser to have exercised “appropriate care” and, in turn, to have satisfied the Bona Fide Prospective Purchaser (“BFPP”) [...]

Posted in Continuing Obligations
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Ashley II Court Addresses the BFPP Defense

by Mike Sowinski | 01 / 19 / 2011 |

In the years I’ve spent helping to draft a Continuing Obligations Guide as part of the ASTM E50 Committee, my colleagues and I have often acutely noted (and perhaps lamented) that no court has ever directly addressed CERCLA’s Bonafide Prospective Purchaser (“BFPP”) defense.  Well now there’s a case.  In Ashley II of Charlseston LLC v. PCS Nitrogen, [...]

Posted in Continuing Obligations
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EPA Cleanup Proposal Relies on Institutional Control Monitoring

by Mike Sowinski | 07 / 18 / 2010 |

A recent EPA cleanup proposal directly recognizes what many have come to accept as a given – cleanups need institutional controls (ICs), monitoring of ICs is a critical component of cleanup remedies, and private sector landwatch services make monitoring effective. Recognizing the key role of IC monitoring, EPA’s June 2010 “proposed plan” for a Southern [...]

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States Evaluate Institutional Control Monitoring and Oversight

by Mike Sowinski | 11 / 07 / 2009 |

States seek improved and efficient LUC monitoring.

Posted in Cleanup Site Map Service, LandWatch
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Enforcement First to Ensure Effective Institutional Controls at Superfund Sites

by Mike Sowinski | 06 / 30 / 2009 |

The United States Environmental Protection Agency has adopted an “enforcement first” policy for institutional controls, which will likely increase both recording and monitoring of ICs. The USEPA Office of Site Remediation and Enforcement has directed the agency’s program and enforcement staff, as well as Department of Justice, to pursue any action needed to ensure the [...]

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USEPA Releases Study Citing Terradex’s Protection of the Los Angeles Public Water Supply

by Bob Wenzlau | 06 / 30 / 2009 |

Terradex avoided a “disaster” threatening the potable water in Los Angeles, according to the United States Environmental Protection Agency. The local permit agency approved the installation of a cathodic protection well. This type of deep well, used to prevent pipeline corrosion, has perforated walls and can thus allow groundwater to flow downward from a shallow [...]

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