In an article for the New York Law Journal, Oliver E. Twaddell, a partner in Goldberg Segalla’s Environmental Law group, joins Christopher C. De Carlo of The Vertex Companies to discuss how state and federal regulatory agencies are continually assessing what chemicals or compounds warrant regulation in the environment.
In the article, Oliver and Chris talk about how regulators may identify environmental monitoring and remedial mechanisms that could have previously protected against old contaminants, but now might be inadequate to protect against emerging contaminants. They explain further how in New York State the Department of Environmental Conservation’s DER-10 requires specific remedies to eliminate or mitigate threats to public health and the environment by a contaminant through scientific and engineering principles.
“For larger sites, it can be impractical to remove the contamination present in the environment due to the large area affected, so engineers develop remedies to mitigate the risk through restricting access and exposure to the contaminants, controlling the spread of contamination, and/or treating the contaminants in place,” they write. “These remedies tend to be long-term solutions that require long-term monitoring to ensure that the selected remedial solution is preventing the migration of the contaminant (i.e., periodic groundwater sampling, monitoring/maintenance of engineered caps, etc.) or can include costs to maintain mechanical systems (e.g., maintenance and filter replacement costs for groundwater treatment systems for public supply wells on Long Island).”
“Environmental Monitoring Costs and the Collision of Contaminants, Old, and Emerging,” New York Law Journal, March 3, 2021
Oliver E. Twaddell handles a wide range of commercial and general litigation in federal and state court, including cases involving breach of contract, breach of fiduciary duty, fraud, non-competition, unfair trade practices, and other business torts, as well as property damage, land use and environmental contamination, toxic tort, and other general tort actions. He also has experience handling copyright and trademark infringement litigation. Oliver’s background includes counseling foreign banks, corporations, individuals, partnerships, and other entities in complex domestic and international litigation.