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American Bar Association Energy and Resources Committees

Superfund and Natural Resource Damages Litigation Committee

2010-2011 Committee Chair:

Connie Sue Martin, Bullivant Houser Bailey PC, Seattle, WA

Message from the Chair

Welcome to the Superfund and Natural Resource Damages Litigation Committee. Our members include attorneys with a wide variety of practices within the superfund and natural resource damage assessment and restoration arenas: tribal, state, and federal government attorneys representing private and government parties, regulators and the regulated community, NRD trustees and responsible parties; and law students who are future superfund and NRD practitioners. The Committee is intended to be a comprehensive source of information regarding developments in superfund and NRD litigation, law, and policy; and a forum for debate and discussion among Committee members and with other Committees. If you are not yet a member of the Committee, we would be glad to include you among our ranks.

It is an interesting time in superfund and NRD litigation, and we have a number of programs in the works for the 2009-2010 ABA year to keep you informed. We are planning quick teleconferences, brown bags, quarterly newsletters, contributions to the Year in Review, and a program at the Annual Winter Meeting of the Environmental Committees in Salt Lake City in March.

The Committee supports and endorses the Section of Environment, Energy and Resources (SEER)’s "One Million Trees Project - Right Tree for the Right Place at the Right Time" nationwide public service project. I rolled up my sleeves and planted trees in Baltimore, Maryland before the Fall SEER section meeting, alongside members of a number of other Committees and John Cruden, SEER Chair. I encourage Committee members to participate in local tree-planting events, including one planned for the Winter Meeting in Salt Lake City, to contribute to the goal of planting one million trees across the United States in the next five years.

Thank you for visiting. If you have ideas for additions to the page, or additional information or resources that would help you in your practice, just e-mail me or any of the Committee Vice-Chairs identified in the box to the right. We would be happy to hear from you.

CERCLA Nanotechnology Issues

The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is pleased to make available the results of a comprehensive review of the core federal environmental statutes to assess the suitability of each to address issues pertinent to human health and the environment arising from applications of nanotechnology. Earlier this year, the Section offered to brief representatives of the U.S. Environmental Protection Agency (EPA) Office of General Counsel (OGC) and pertinent other EPA representatives in EPA program offices on legal and regulatory issues arising in connection with the application of existing statutory and regulatory authorities to engineered nanoscale materials. Specifically, the Section offered to prepare detailed briefing documents on each of the six core environmental statutes, and a briefing document on innovative governance mechanisms, that identify key legal and regulatory issues EPA can be expected to encounter as it considers how best to address issues likely to arise in connection with nanotechnology.

Section Nanotechnology Project Home Page

CERCLA Nanotechnology Issues

About Committee

The Superfund and Natural Resource Damages Litigation Committee focuses on developments in federal and state laws, cases and policy related to hazardous waste remediation and natural resource damages, including enforcement activities under CERCLA and state equivalents, assessments under DOI, NOAA and state programs, as well as staying abreast of developments in ancillary related areas such as environmental insurance for CERCLA sites and legal aspects of new treatment technologies, assessment methods and valuation methodologies. The Committee will also offer information and updates on litigation techniques and evidence issues of particular interest to environmental practitioners.

Committee Resources

Amending CERCLA

Amending CERCLA

Controversial yet powerful, litigated but most often settled, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) has a complicated history. CERCLA gave the Environmental Protection Agency vast authority to clean up sites, a dedicated source of funds to undertake clean-ups (Superfund), and a liability scheme of unprecedented scope. The 1986 Superfund Amendments and Reauthorization Act (SARA) remains the only comprehensive set of amendments to CERCLA.

Following SARA, three important amendments resulting from narrowly targeted legislation have been enacted to make further reforms to the statute. Amending CERCLA focuses on the amendments that narrowed the CERCLA liability scheme to address specific policy objectives...(more)


Basic Practice Series: CERCLA

Basic Practice Series: CERCLA

This updated, quick and convenient guide explains the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. Concise and current, the book's authors detail the history of the statute and the reasons that it was enacted, and provide an concise overview of the Act and the regulations implementing it. Also included is a list of useful Websites and Internet resources on CERCLA.


RCRA Practice Manual, The, Second Edition

RCRA Practice Manual, The, Second Edition

This updated edition of The RCRA Practice Manual is a comprehensive yet easy-to-use guide to an extraordinarily complex area of environmental law. This practice-oriented book focuses on the "cradle-to-grave" program for managing hazardous wastes under the Resource Conservation and Recovery Act (RCRA). The RCRA program regulates the handling of these wastes by generators, transporters and treatment, storage and disposal facilities, and regulates a large segment of industry involved in manufacturing.


Basic Practice Series: RCRA (Resource Conservation and Recovery Act)

Basic Practice Series: RCRA (Resource Conservation and Recovery Act)

This is a basic and brief overview of some of the more commonly encountered provisions of the Resource Conservation and Recovery Act (RCRA). Topics covered include: An overview of the statute; Identification of hazardous waste; Regulation of generators and transporters; Selected treatment, storage, and disposal; Standards for specific hazardous waste TSDF units; TSDF permitting and corrective action; Underground storage tanks; and Solid waste.

Leadership

Chair:
Connie Sue Martin

Vice Chairs:
Committee Newsletters
Andrew Walls Homer

Committee Newsletters
Kirk T. O'Reilly

Membership
Michelle Ulick Rosenthal

Programs
Andrew C. Cooper

Elizabeth A. Hurst

Public Service
Tonya Lee Meier

Technology
TBD

The Year in Review
Russell V. Randle

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