Morgan Lewis on Environmental News
December 2001

In this Issue:

• Superfund:
  Ninth Circuit holds that migration of contaminants does not fall within statutory definition of “disposal” under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9607(a)(2).
• Toxic Tort:
  United States District Court for the Eastern District of Tennessee strongly rejects claims alleging industry-wide beryllium industry civil conspiracy.
• RCRA:
  EPA issues RCRA groundwater cleanup guidance.
• Clean Air Act:
  EPA amends definition of “major source” in Title V permitting regulations so that sources need not include certain fugitive emissions of pollutants in determining whether they are a “major source” and therefore subject to Title V requirements.
• Morgan Lewis Environmental Spill Reporting Handbook
• Insurance:
  Reinsurer not liable under “series of spills” language and reinsurance treaty.
• September 11:
  Congress and federal regulators move on several fronts to address September 11 events.
• International:
  Mexico ordered to pay $16 million in first NAFTA arbitration.
• State Law Developments

For the full story, please view the PDF.