Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA

by Mark D. Johnson Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.”  Generally, removal actions are interim actions to clean up or remove hazardous materials.  42 U.S.C. § 9601(23).  Remedial actions … Continue reading

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Three Million Gallons of Toxic Wastewater Spilled by EPA Crew in Colorado

By Patrick Paul On August 5, 2015, a clean-up crew operating under the supervision of the United States Environmental Protection Agency (EPA) investigating the source of water contamination at the Gold King Mine in San Juan County, Colorado caused a … Continue reading

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Hardrock Mining Financial Assurances – Feasible?

By Stephen W. Smithson The EPA is slowly moving toward requiring the hardrock mining industry to provide financial assurances, pursuant to CERCLA 108(b). Although first required in 1980, these would be the first financial assurance requirements proposed by EPA. EPA … Continue reading

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