EPA Declines to Impose CERCLA Financial Assurance Regulations on Hardrock Mining

The U.S. Environmental Protection Agency (EPA) signed a final action declining to impose financial assurance regulations on the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This proposal was directed at managing the financial cost of hardrock mining, particularly the cost of cleanup in situations where the …

EPA Directive Provides Additional Opportunities for Stakeholder Participation in Consent Decree Negotiations

On October 16, 2017, EPA Administrator Scott Pruitt released a directive that instructs the agency to follow new procedures related to the settlement of lawsuits against the agency. Specifically, the directive requires EPA to: Publish online any notices of intent to sue that it receives from potential litigants. Publish complaints and petitions in which it …

DAPL Developer Sues Environmental Groups

In a remarkable development around the contentious Dakota Access Pipeline (DAPL), the developer of the project, Energy Transfer Equity and Energy Transfer Partners, sued the environmental groups that opposed DAPL. Energy Transfer sued  Greenpeace International, Greenpeace Inc., Greenpeace Fund, Inc., BankTrack, and Earth First! alleging that the: group of co-conspirators (the “Enterprise”) manufactured and disseminated …

United States May Be Liable as an “Owner”, but not as an “Arranger”, at Former Mining Sites on Federal Property

In a decision that opens the door for Superfund claims against the United States on Forest Service and BLM lands, the Tenth Circuit Court of Appeals recently ruled that the United States federal government may be liable for clean-up costs at former mining sites located on federal land.  In Chevron Mining, Inc. v. United States, …