Environmental Law

Wisconsin District Court Resuscitates Divisibility Defense Under CERCLA?

This blog post is dedicated to the divisibility defense available under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). The specter CERCLA liability strikes fear in the eyes of any potentially responsible party (“PRP”). This is due, in part, to the fact that liability…
Environmental Law

Fracking Comes to Illinois; Drilling Into the Hydraulic Fracturing Regulatory Act

On June 17, 2013, the Illinois Assembly enacted the Hydraulic Fracturing Regulatory Act. See Public Act 098-0022. This Act empowered the Illinois Department of Natural Resources (“Department”) to regulate hydraulic fracturing in throughout the State of Illinois. This blog entry summarizes key aspects of this…
Environmental Law

Missouri Attorney General Files TRO to keep Ebola Medical Waste Out of St. Louis Treatment Facility

The Missouri Attorney General’s Office seeks to enjoin an Illinois-based company with a facility in north St. Louis from accepting Ebola medical waste from Texas. The Attorney General’s action is due to the facility’s prior compliance history, namely its past violations of Missouri medical waste…
environmental clean up
Environmental Law

How to Buy Property and Avoid the Cost of Clean-up (Maybe): Part 2

In my last post, I wrote about what a Bona Fide Prospective Purchaser (BFPP from now on) has to do before purchasing property in order to avoid that troublesome Superfund liability. I pointed out that pre-requisites to the property’s purchase were just step 1 and there were some post-requisite…