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News and Developments

March 2010

EPA Adds Ten Hazardous Waste Sites to Superfund’s National Priorities List

In a press release issued on March 2, 2010, U.S. Environmental Protection Agency announced it is adding 10 new hazardous waste sites to the National Priorities List (NPL) of Superfund sites.  These sites pose risks to human health and the environment from contaminants including arsenic, benzene, chromium, copper, creosote, cyanide, dichloroethene (DCE), lead, mercury, perchloroethene, polychlorinated biphenyls (PCBs) and selenium, among others. Eight additional sites are proposed to also be added to the NPL of Superfund sites. 


The following 10 sites have been added to the NPL:

Salt Chuck Mine (Outer Ketchikan County, Alaska)

JJ Seifert Machine (Ruskin, Fla.)

Kerr-McGee Chemical Corp - Jacksonville (Jacksonville, Fla.)

Chemetco (Madison County, Ill.)

Lake Calumet Cluster (Chicago, Ill.)

Gratiot County Golf Course (St. Louis, Mich.)

Kerr-McGee Chemical Corp – Navassa (Navassa, N.C.)

Gowanus Canal (Brooklyn, N.Y.)

Black Butte Mine (Cottage Grove, Ore.)

Van Der Horst USA Corporation (Terrell, Texas)

 

The following eight sites have been proposed to the NPL:

Sanford Dry Cleaners (Sanford, Fla.)

St. Clair Shores Drain (St. Clair Shores, Mich.)

Vienna Wells (Vienna, Mo.)

ACM Smelter and Refinery (Cascade County, Mont.)

Wright Chemical Corporation (Riegelwood, N.C.)

Black River PCBs (Jefferson County, N.Y.)

Dewey Loeffel Landfill (Nassau, N.Y.)

Smokey Mountain Smelters (Knox County, Tenn.)

For a copy of the USEPA Press Release,  click on the document name.
Click here to visit the USEPA website.

October 2009

  • USEPA issued its Clean Water Act Enforcement Action Plan on October 15, 2009.  This new plan identifies specific shortcomings in the federal Clean Water Act regulatory program, particularly mentioning agricultural run-off as a specific pollution source which requires additional regulatory attention. USEPA highlighted its concerns about agricultural run-off as one of the major non-point sources of water pollution.  This issue is mentioned several times just on the first page of the action plan.  (Note:  Over the past several weeks, Charles Duhigg of the New York Times has run a series of articles on clean water issues in the United States, including the impact of agricultural chemicals on drinking water.  To review these articles, click New York Times.)
USEPA is not clear in this Action Plan as to which states and/or which agricultural chemicals will receive the highest priorities in the Agency's future enforcement activities.  However, USEPA has already indicated they are re-evaluating the chemical atrazine and it appears that revisions to its current rules are coming.
The Action Plan also discusses the need for certain states to promptly strengthen and revamp their Clean Water Act enforcement programs by advancing more aggressive civil and criminal investigative and oversight actions.  The Agency further warns various states that if vigorous enforcement measures are not immediately pursued, then USEPA will step in and undertake the necessary measures itself to ensure that public health and the environment are protected.  Although USEPA did not single out any particular state, USEPA did note that certain state EPA’s have failed to identify significant non-compliance with federal water quality requirements or have failed to take timely and appropriate enforcement action against polluters.  Since the Illinois Environmental Protection Agency is not specifically named in the Plan, and since neither the Lisle Lockformer case nor the Crestwood water case were specifically mentioned, it remains to be seen how USEPA will be involved in Illinois matters.  However, it is safe to say that the federal government is watching and setting its agenda for the near future, even if certain states choose to stay on the sidelines. 
For a copy of the USEPA Clean Water Act Enforcement Action Plan,  or the Transmittal Memorandum, click on the document name.

Click here to visit the USEPA website.

September 2009

  • Mark Misiorowski and Joel Eagle were featured in The Voice of the Defense Bar, Volume 8, Issue 37, published September 16, 2009.  This newsletter includes articles of interest to the defense bar and selects one case each month to highlight in its "And the Defense Wins!" column.  The firm's defense of a client in an Illinois case titled State of Illinois v. Ellinor was the subject of this column.  The case involved an accidental release of anhydrous ammonia for which the State sued the firm's client and sought remediation activities as well as a large monetary settlement.  Mr. Misiorowski and Mr. Eagle were able to develop arguments in favor of amended affirmative defenses related to unclean hands, equal protection/due process violations, and selective prosecution by the state.  Their efforts resulted in a final settlement in which the firm's client made no admission of guilt and was able to modify the State's consent decree to remove standard language related to penalty or fine in the settlement.  The case was closed with a minor monetary payment 83% lower than the state's original demand.
To see the DRI The Voice of the Defense Bar newsletter article, click here.

August 2009

  • Mark Misiorowski had tremendous support from his colleagues, friends, and family and succeeded in raising over $3,000 for the Muscular Dystrophy Association of America.  His "Lock Up" on August 5 at Catch 35 Restaurant in Naperville was brief and "bail" was made.  He continues to encourage people to support this great organization which helps those who suffer from various types of debilitating muscular diseases such as Lou Gehrig's disease. 

July 2009

  • Mark Misiorowski sponsors fundraiser effort to support Muscular Dystrophy Association of America.  "Lock Up" will take place on August 5, 2009 at Catch 35 Restaurant in Naperville, Illinois.

May 2009

  • Mark Misiorowski chairs DuPage County Bar Association, Environmental Law Committee CLE seminar, "Technical Approaches for Apportioning Liability and Allocating Environmental Costs."  Guest speaker was Kirk O'Reilly, Ph.D., J.D., Exponent.


February 2009

  • Governor Pat Quinn's Illinois Reform Commission meets to discuss open government and the People's access to government records.  Illinois Attorney General Lisa Madigan is the featured witness/speaker on the topic of Freedom of Information Act reform in Illinois.




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