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OverviewBode & Associatesí environmental practice has achieved an impressive reputation by working on some of the nationís largest and most complex environmental cases. The firm represents clients before the Environmental Protection Agency (EPA), state environmental agencies, and in private party litigation. For example, in a Federal court case, the firm represented a buyer of commercial property found to be contaminated by an automobile manufacturer. In that case, the firm obtained a ruling that state law rendered the polluter and seller of the land liable for environmental damage under common law trespass and negligence theories and under CERCLA.
Members of the firm are conversant with CERCLA, RCRA, the CAA, CWA, LUST, and other statutory/regulatory environmental laws. The firm has prepared comments for its clients on proposed rulemakings by various government agencies, including the EPA. The firmís Managing Partner, William H. Bode, has served as General Counsel to the Environmental Business Association.
CERCLAThe Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, provides broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Specifically, CERCLA:
RCRAThe Resource Conservation and Recovery Act (RCRA) places controls on the generation, transportation, treatment, storage, and disposal of hazardous waste, and establishes a framework for the management of non-hazardous waste. Further, RCRA establishes liability for owners and operators of facilities that fail to comply with RCRAís statutory regime.
RCRA has provisions relating to the regulation and enforcement of regulations for Hazardous Waste (Subtitle C), Solid Waste (Subtitle D), and Underground Storage Tanks (Subtitle I). Also, under RCRA, there is a comprehensive program for regulation of underground storage tanks and underground tank systems (USTs).
RCRA provides the Federal government with the authority to authorize states to implement and enforce hazardous waste regulations and requirements as long as the state programs are as stringent or broader in scope than the Federal regulations. As such, most states have their own hazardous waste laws and regulations.
State Environmental Lawshttp://www.lawvianet.com/lawsregs.html
Useful Environmental Linkshttp://www.fulbright.com/index.cfm?fuseaction=weblinks.site&site_id=303
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