40 CFR 300.415 - Removal action

Cite as40 CFR 300.415
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119 practice notes
  • N.Y. State Electric & Gas Corp. v. Firstenergy Corp., Civil Action No. 3:03-CV-0438 (DEP)
    • United States
    • U.S. District Court — Northern District of New York
    • July 11, 2011
    ...for determining the appropriateness of an IRM substantially coincide with requirements under the NCP for removal actions. See 40 C.F.R. § 300.415(b)(1)(b)(2)(i)-(viii). Although TAGM 4048 recites that an IRM may ultimately become a final remedy in appropriate circumstances, there are signif......
  • United States v. Cyprus Amax Minerals Co., No. CV-17-00140-PHX-DLR
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • May 22, 2017
    ...and federal laws and regulations, except as provided in Section 121(e) of CERCLA, 42 U.S.C. § 6921(e), and 40 C.F.R. §§ 300.400(e) and 300.415(j). Settling Defendants must also comply with all applicable or relevant and appropriate requirements of all federal, Navajo, and state environmenta......
  • Bernstein v. Bankert, No. 11-1501
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 31, 2013
    ...that the limitations period for a cost recovery action should apply, we note that an EE/CA is a "removal action." See 40 C.F.R. § 300.415(b)(4)(i). That means that § 9613(g)(2)(A) would apply to any attempt to recover the costs incurred in executing the EE/CA. Under that standard,......
  • Nation v. Cyprus Amax Minerals Co., No. CV-17-8007-PCT-DLR
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • May 22, 2017
    ...and federal laws and regulations, except as provided in Section 121(e) of CERCLA, 42 U.S.C. § 6921(e), and 40 C.F.R. §§ 300.400(e) and 300.415(j). Settling Defendants must also comply with all applicable or relevant and appropriate requirements of all federal, Navajo, and state environmenta......
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104 cases
  • N.Y. State Electric & Gas Corp. v. Firstenergy Corp., Civil Action No. 3:03-CV-0438 (DEP)
    • United States
    • U.S. District Court — Northern District of New York
    • July 11, 2011
    ...for determining the appropriateness of an IRM substantially coincide with requirements under the NCP for removal actions. See 40 C.F.R. § 300.415(b)(1)(b)(2)(i)-(viii). Although TAGM 4048 recites that an IRM may ultimately become a final remedy in appropriate circumstances, there are signif......
  • United States v. Cyprus Amax Minerals Co., No. CV-17-00140-PHX-DLR
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • May 22, 2017
    ...and federal laws and regulations, except as provided in Section 121(e) of CERCLA, 42 U.S.C. § 6921(e), and 40 C.F.R. §§ 300.400(e) and 300.415(j). Settling Defendants must also comply with all applicable or relevant and appropriate requirements of all federal, Navajo, and state environmenta......
  • Bernstein v. Bankert, No. 11-1501
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 31, 2013
    ...the Trustees that the limitations period for a cost recovery action should apply, we note that an EE/CA is a "removal action." See 40 C.F.R. § 300.415(b)(4)(i). That means that § 9613(g)(2)(A) would apply to any attempt to recover the costs incurred in executing the EE/CA. Under that standa......
  • Nation v. Cyprus Amax Minerals Co., No. CV-17-8007-PCT-DLR
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • May 22, 2017
    ...and federal laws and regulations, except as provided in Section 121(e) of CERCLA, 42 U.S.C. § 6921(e), and 40 C.F.R. §§ 300.400(e) and 300.415(j). Settling Defendants must also comply with all applicable or relevant and appropriate requirements of all federal, Navajo, and state environmenta......
  • Request a trial to view additional results
2 firm's commentaries
  • EPA Issues Draft Interim PFAS Guidelines For Public Comment
    • United States
    • Mondaq United States
    • June 14, 2019
    ...be "any appropriate removal action to abate, prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release." 40 CFR 300.415(b). On a case-specific basis, EPA may need to take action because of combinations of chemicals, chemical-specific factors, unusual site-specifi......
  • EPA Issues Draft Interim PFAS Guidelines for Public Comment
    • United States
    • JD Supra United States
    • April 29, 2019
    ...be "any appropriate removal action to abate, prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release." 40 CFR 300.415(b). On a case-specific basis, EPA may need to take action because of combinations of chemicals, chemical-specific factors, unusual site-specifi......

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