CERCLA/Gas Station: Federal Court Addresses the Applicability of Petroleum Exclusion
The United States Court of Appeals, Fourth Circuit (“Fourth Circuit”) addressed in a July 30th Opinion an issue arising out of a landowner’s Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) and common law action alleging contamination from a neighboring gas station…
Solid Waste/Recycling Legal/Regulatory Update: Arkansas Solid Waste Association of North America Annual Meeting Presentation
I undertook a presentation at the August 6th Arkansas Solid Waste Association of North America Annual Meeting titled: Solid Waste/Recycling Legal/Regulatory Update (“Presentation”). The Presentation addressed a variety of federal and state decisions, litigation, rulings, regulations, policies…
Stormwater Enforcement/Construction: Virginia Department of Environmental Quality and Carroll Site Operator Enter into Order by Consent
The Virginia Department of Environmental Quality (“VDEQ”) and Lineberrys Logistics, LLC (“LL”) entered into a July 9th Order by Consent (“Order”) addressing alleged violations of Virginia State Water Control Law and regulations associated with stormwater construction permitting. The Order provides…
Erosion/Landfill Operation: Federal Court Addresses Ohio County's Request for Injunctive Relief
The United States District Court (N.D. Ohio) (“Court”) addressed in an August 12th Memorandum Opinion (“Opinion”) an issue arising out of the operation of a solid waste landfill. See Seneca County Board of Health v. WIN Waste Innovations of Seneca County, LLC, 2026 WL 2333166. The question…
Storage Tank Enforcement: U.S. Environmental Protection Agency and Keyser, West Virginia Facility Enter into Consent Agreement
The United States Environmental Protection Agency (“EPA”) and Umstott, Inc. (“UI”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of the federal and West Virginia underground storage tank (“UST”) regulations. See Docket No. RCRA-03-2026-0196. The CA provides that UI…