Phase I Environmental Site Assessment (ESA) reports provide historical overviews of contaminated sites and are often key resources in environmental and toxic tort litigation. However, despite the requirement that they meet set standards, in reality, ESAs often have certain limitations when it comes to historical analysis. Historical research, a required component of ESAs, is often extremely basic and sometimes conducted by personnel without extensive training in historical research methodology. In our experience, ESAs typically check all of the required boxes for historical research but seldom go deeper, consequently leaving out critical historical information. This has proven especially true for properties active prior to the 1970s, or with complicated owner/operator histories. From minor errors in dates and names to misidentification or omission of potentially responsive parties (PRPs), there are possible risks in relying on the incomplete picture typically provided by an ESA.
PFAS: Civilian Usage and Disposal
This week we continue our series of blogs reflecting on material covered in the “Impact of PFAS on Environmental Litigation (Virtual) Conference” hosted by Perrin Conferences by examining the growing focus on civilian usage and disposal of PFAS.
When certain PFAS chemicals first became cause for concern, it was the manufacturers of the chemicals themselves—firms such as DuPont and 3M—that were the focus of litigation. As focus broadened to end-users and disposers of chemicals that contained harmful PFAS, it was largely the military that came under scrutiny due to its widespread use of AFFF firefighting foam, as we described in last week’s blog. Today, however, there is also widespread focus on civil users, distributors, and disposers of PFAS-containing material, a point driven home by conference presenters.
Bipartisan Infrastructure Law Unlocks Funds for EPA Cleanup Programs
The passing of the Bipartisan Infrastructure Law in November 2021 marked a historic day for federal funding of environmental programs. The law unlocked over $50 billion of funds to the Environmental Protection Agency (EPA), $5 billion of which will be utilized to address problematic Superfund and brownfield sites, abandoned mines, and old oil and gas wells.
TRG Attends ELI Clean Water Act Event
On June 26, Taylor Research Group attended “Basics of the Clean Water Act,” an event hosted by the Environmental Law Institute (ELI) as part of their annual Summer School series.
More Legal Action in the Wake of Flint Water Crisis
The Ongoing Water Crisis in Flint, Michigan
Last week, citizens of Flint, Michigan filed two class-action lawsuits against Gov. Rick Snyder, Michigan Department of Health & Human Services, Michigan Department of Environmental Quality, and other government officials. These follow a declared state of emergency in Flint, a pending investigation from the U.S. attorney’s office for the Eastern District of Michigan, a declared federal emergency by President Obama, and an emergency order issued from the EPA to the state of Michigan.
Creating a Timeline of Fossil Fuel Disasters in America
As mentioned in a previous case study, much of the work we do in support of environmental law and toxic tort cases involves compiling comprehensive site histories. We work with our clients to come up with cost-efficient research strategies to answer their most pressing environmental and historical questions for litigation. Rarely do we get the chance to work outside our normal realm of legal clients and beyond the scope of a single site history, but that is exactly what happened over the past year in this unique case involving research into fossil fuel disasters in the United States for a non-legal client.
Taylor & Hammel Gets Social
It’s a new year and we’re ringing it in with a new look. Today, we launched our redesigned website. Click on over to www.taylorhammel.com, take a look, and tell us what you think. We value your feedback.