New York City's lead-based paint law (Local Law 1 [1982]) requires landlords to remove lead-based paint in any apartment unit in which a child under 6 years of age resides. The issue in Yaniveth R. v. LTD Realty Co. was whether a child "resides" in an apartment...
Resource Conservation And Recovery Act – RCRA
Community Struggling to Recover from Chemical Spill in West Virginia
For much of West Virginia, the start of the New Year brought anything but "good tidings."On January 9, 2014, approximately 10,000 gallons of the hazardous chemical substance 4-methylcyclohexane methanol ("MCHM") leaked from a storage tank and flowed into the Elk...
EPA Excludes Certain Solvent-Contaminated Rags from RCRA Regulation
In a move that has made industry insiders "ecstatic," EPA Administrator Gina McCarthy signed a final rule on July 22, 2013 which will exclude certain solvent-contaminated industrial rags or wipes from regulation under the federal Resource Conservation and Recovery...
Environmental Groups Denied Intervention in Suit Regarding RCRA Consent Decree
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups' motion to intervene in a lawsuit between the District of Columbia ("District") and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, "Pepco"), which...
Court Must Hear Citizen Suit Case to Force River Clean Up under Administrative Consent Order
The U.S. Court of Appeals for the Third Circuit recently held that the U.S. District Court for the District of New Jersey could not abstain from hearing a citizen suit case brought under both the federal Clean Water Act and the federal Resource Conservation and...
Failure to Specify Specific Contaminant in Notice of Intent to Sue Kills RCRA Claims
The Second Circuit Court of Appeals threw out two claims under RCRA for failure to specify the specific contaminants alleged to cause the complained-of harm in the Notice of Intent to Sue.In Brod v. Omya Inc., No. 09-4551-cv (2d Cir. July 18, 2011), the Second Circuit...
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups’ motion to intervene in a lawsuit between the District of Columbia (“District”) and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, “Pepco”
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups' motion to intervene in a lawsuit between the District of Columbia ("District") and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, "Pepco"), which...
