text:
A group of PRPs received an oversight cost bill pursuant to a CERCLA consent decree. (The following details are intentionally vague to protect both the innocent and the guilty.) The bill was for several hundred thousand dollars. During the year covered by the bill, the PRPs spent no money cleaning up the area of the site covered by the invoice. They spent little or no money monitoring the area of the site covered by the invoice. They spent no money preparing plans for the area of the site covered by the invoice.More
Category Archives: Hazardous Waste
Is There Any End to Post-Closure Care Under RCRA?
Late last month EPA issued draft guidance on adjusting post-closure periods under RCRA. It's not good news.
Although the Guidance is technically neutral concerning shortening or lengthening post-closure periods, let's not kid ourselves; this is all about extending post-closure care. For how long? How does forever sound?
Why do I think that this is all about extensions? First, if anyone can give me any examples where EPA has ever decreased this type of monitoring/oversight period, I'd love to see them. Second, the examples that EPA gives in the draft… More
CCRs Dodge a Hazardous Waste Bullet: EPA Regulates under RCRA Subtitle D
On Friday, EPA finally released its final rule regulating coal combustion residuals. Facility owners breathed a sigh of relief, as EPA chose to regulate under Subtitle D of RCRA, rather than under the cradle-to-grave provisions of Subtitle C. Given the extensive beneficial reuse of CCRs, EPA clearly made the right call.
The rule is obviously lengthy. EPA provided a Fact Sheet to summarize the rule, but those who want the quick summary should review the Executive Summary in the rule itself, which has a helpful table summarizing the different requirements of the rule, and which apply to existing… More
When Is a Solid Waste Not a Solid Waste? An Eternal Question
This year, EPA has proposed a rule to regulate GHG emissions from existing sources, the legality of which turns, in significant part, on the meaning of a "source" under section 111(d) of the Clean Air Act. It has also proposed a rule clarifying the definition of "waters of the United States" under the Clean Water Act. Having dealt with gases and liquids, EPA has turned to solids (it's a metaphor, ok?), and finalized a rule revising in part the definition of "solid waste" under RCRA. More
MassDEP Releases Its Draft Vapor Intrusion Guidance
MassDEP has recently released for public comment draft Guidance on Vapor Intrusion. The proposed guidance would replace MassDEP's December 2011 Interim Final Vapor Intrusion Guidance, which saw minor revisions in the spring of 2013. The guidance has undergone a substantial revision, largely to make changes that correspond to the recent regulatory reforms to the Massachusetts Contingency Plan.
The guidance provides MassDEP's recommended technical and regulatory approaches to addressing the vapor intrusion pathway at sites contaminated with releases of… More
CERCLA Preempts Local Cleanup Bylaws; PRPs Everywhere Breath a Sigh of Relief
In an important decision yesterday, Judge Douglas Woodlock of the District of Massachusetts confirmed that CERCLA preempts local cleanup bylaws. The case involved one aspect of the cleanup of the W.R. Grace Superfund Site in Acton, Massachusetts. In 2005, EPA issued a Record of Decision requiring operation of a groundwater pump and treat system in what is known as the Northeast Area of the Site. However, EPA recognized that the contamination in the area was limited and stated in the ROD that the treatment system might be turned off in three years if certain criteria were met. After three… More
How Much Deference Do States Get in Entering CERCLA Consent Decrees? Probably A Lot, But Perhaps Not As Much as You Thought
In Cannons Engineering, the First Circuit Court of Appeals famously stated that, when CERCLA consent decrees arrive at the courts of appeal for review, they do so "encased in a double layer of swaddling," because both the EPA decision to enter into the decree and the district court review of the EPA decision are entitled to significant deference. Last week, in Arizona v. City of Tucson, the 9th Circuit Court of Appeals concluded that, where a state consent decree is concerned, the first layer of swaddling is somewhat thinner than where EPA is concerned. The Court also made… More
I Thought Redeveloping Brownfields Was a Good Idea: Apparently the Boston Globe Hasn't Gotten the Message
In an article earlier this week, the Boston Globe reported on concerns that the Massachusetts Department of Environmental Protection is planning to weaken cleanup standards for hazardous waste sites in Massachusetts, seemingly in response to pressure from developers. The article is so wrong and the concerns are so misplaced that some response is necessary.
First, we expect MassDEP to regulate in the face of uncertainty. That means that MassDEP must set cleanup standards without perfect knowledge. As a result, most people – and certainly the environmentalists complaining about the regulatory changes – would expect MassDEP to err on the… More
EPA's Groundwater Remedy Completion Strategy: Making Cleanups More Efficient Or Just Increasing PRP Costs?
Last week, EPA released a draft Groundwater Remedy Completion Strategy. The strategy is intended to provide:
a recommended step-wise plan and decision making process for evaluating remedy operation, progress and attainment of [remedial action objectives] using an updated conceptual site model, performance metrics and data derived from site-specific remedy evaluations.
I like to think that I am skeptical, not cynical. Having worked on this stuff for 25 years, including some specific Superfund sites for most of that time, I'm skeptical that this means anything other than increased sampling and analytical costs and increased oversight costs, as my clients and… More
When Does the Statute of Limitations Run on CERCLA Claims? No, Never? Well, Hardly Ever
In State of New York v. Next Millenium Realty, decided earlier this week, the 2nd Circuit Court of Appeals confirmed the wisdom of Gilbert and Sullivan. It is very difficult to blow the statute of limitations in CERCLA cases.
The question before the court was whether New York could recover from PRPs the cost of a granulated activated carbon (GAC) system and an air stripper tower, installed in 1990 and 1995, to ensure that municipal wells serving the Town of Hempstead were safe to drink, notwithstanding the presence of contamination, ultimately shown to have been caused at the New… More
When Is An Arranger Not An Arranger? When It Sells Some Good Stuff Along With The Junk
As Superfund lawyers know, the Supreme Court decision in Burlington Northern required proof of an intent to dispose hazardous substances as a prerequisite to imposition of arranger liability. While lower courts have often blissfully ignored the holdings in Supreme Court decisions under CERCLA, arranger liability seems to be one area in which the lower courts have taken the Supreme Court decision to heart.
In any event, while I have been pleased that lower courts have applied the rule in Burlington Northern, the arranger liability decision last week in United States v. D.S.C. of Newark Enterprises suggests to… More
Which Is Worse? EPA Oversight or Citizen Oversight?
Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA's oversight cost claims. We all know that oversight costs can end up as an appreciable percentage of total site costs. We've all cringed to go to meetings with EPA and see not just multiple EPA employees in the room, but several disembodied voices from EPA's Ada, Oklahoma, lab. Insult to injury is when there are 3 or 4 representatives of EPA's outside oversight contractor. Further insult to injury is added for those of us from states such as Massachusetts or New… More
I Believe in Environmental Regulation, But….
As readers of this blog know, I believe in governmental environmental regulation. We have a complicated world and it is not surprising that many activities, including those generating greenhouse gases, cause negative externalities. At the same time, however, I have spent more than 25 years representing regulated entities in negotiations with government regulators and it is impossible to do such work without obtaining an appreciation for the very significant costs that bureaucracies impose.
With all due respect – cue the upcoming diss – to my many friends in government, the absence of market discipline or the ability to fire nonpolitical… More
Coming to a Steam Electric Generating Plant Near You in May 2014 — New Effluent Limitation Guidelines
Last Friday, EPA announced release of its draft proposal to revise the effluent guidelines and standards for the steam electric power generating industry, last revised in 1982. The proposal was in conformance with a litigation settlement with environmental groups, which also calls for a final rule by May 22, 2014.
The proposed rule actually sets out four different regulatory options, and they are sufficiently complicated that EPA's Fact Sheet on the proposal does not even attempt to summarize them. For that reason, I provide here the Executive Summary of the proposed rule, which does summarize the… More
Stop the Presses: Utility Poles in Place Are Not Point Sources; Neither Are They Solid Waste
As we noted last month, the Supreme Court has determined that logging roads are not point sources subject to stormwater regulation under the Clean Water Act. On Wednesday, in Ecological Rights Foundation v. Pacific Gas and Electric, the 9th Circuit Court of Appeals, relying in part on the decision in Decker v. Northwest Environmental Defense Center, held that releases of pentachlorophenol and other pesticides from in-place utility poles also do not constitute point source discharges. As the Court concluded:
Utility poles simply are not "discernible, confined and discrete conveyances" that "channel and control" stormwater.
The Court further… More
MassDEP Formally Proposes MCP Reforms: It's About Time? Job Well Done? Definitely Both.
On Friday, MassDEP issued the formal public comment draft of its package of regulatory reforms under the Massachusetts Contingency Plan. Overall, it's certainly a good package, which will facilitate getting to an endpoint with reduced transaction costs, but no decrease in environmental protection. It's not perfect (and you have until May 17, 2013 to provide comments to help make it more perfect), and it took far too long, but congratulations are still due to MassDEP.
MassDEP's summary organizes the proposed changes into five broad categories. Highlights in each area include the following:
Permit, Tier Classification, and Numerical… More
Is CERCLA More Reasonable Than the Common Law? Only in California, I Hope
In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an "arranger" under Superfund for the sale of a product, the plaintiff must demonstrate that the defendant
must have entered into the sale of [the product] with the intention that at least a portion of the product be disposed during the transfer process.
Although courts do not seem thus far to have taken to heart the Supreme Court's allocation discussion in Burlington Northern, there is growing evidence that the arranger discussion is taking hold in the lower courts. I… More
Little Ado About Very Much: EPA Reinterprets Its PCB Guidance
On Tuesday, EPA issued its "reinterpretation" of its understanding of what building wastes constitute "PCB bulk product waste" under TSCA regulations, as opposed to "PCB remediation waste." Previously, when PCBs migrated from building products, such as caulk, the caulk would be considered PCB bulk product waste, while the underlying contaminated building material would be considered PCB remediation waste. Now the building material will also be considered PCB bulk product waste. Indeed, EPA has slightly expanded the reinterpretation from its draft proposal; it now allows the building substrate to be characterized as PCB bulk product… More
Who Knew? The National Research Council Discovers That Many Groundwater Cleanups Will Take More Than 100 Years
Daily Environment Report today noted that the National Research Council has produced a study, Alternatives for Managing the Nation's Complex Contaminated Groundwater Sites, which assesses the scope of the groundwater contamination problem and our ability to address it. One significant takeaway from the report is that
Significant limitations with currently available remedial technologies persist that make achievement of MCLs throughout the aquifer unlikely at most complex groundwater sites in a time frame of 50-100 years. Furthermore, future improvements in these technologies are likely to be incremental, such that long-term monitoring and stewardship at sites with groundwater contamination should be expected.
This… More
EPA Issues Two New Superfund Guidance Documents: Plus Ca Change, Plus C'est La Meme Chose
EPA recently released two guidance documents relevant to Superfund practitioners. One establishes revised procedures regarding how EPA will manage negotiations with PRPs. The second updates EPA's guidance on how it will handle Alternative Sites. To me, both have the flavor of deck chair management on the Titanic.
The RD/RA negotiation guidance has to be seen to be believed. It's a document that seems reasonable on its face, but when you step back and take a big picture look, you have to ask whether there isn't something wrong with a program requiring a 10-page set of details regarding the timeline for how to negotiate a… More
Is EPA Considering Allowing PCB Cleanups to Proceed Under RCRA, Rather Than TSCA? I'll Believe It When I See It (And I Hope I See It)
One headline in today's Daily Environment Report stated that "EPA Considers PCB Regulatory Reform Amid State Regulator Criticism of Program." Even my advanced sarcasm skills failed me on reading this. I'll therefore settle for "about bloody time."
The original fault certainly lies with Congress, not EPA. The notion that Congress needed a separate statutory regime to deal with one specific compound (ok, family of compounds) was always foolish. TSCA and RCRA were enacted with 10 days of each other in 1976. No one has ever justified the PCB provisions of TSCA, given the contemporaneous passage of RCRA. The… More
Indemnification Agreements Under CERCLA Do Not Affect Liability to Entities That Are Not Parties to the Agreement
Section 107(e) of CERCLA provides that
No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or threat of release under this section, to any other person the liability imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this section.
It's always been understood that the first sentence of § 107(e) means that one cannot contract away… More
More Evidence That the Government No Longer Automatically Wins Superfund Cases: New Jersey Requires Proof of a Nexus Between a Discharge and Response Costs
As I have previously noted, government attorneys' traditional approach to litigating Superfund cases has been to announce that they represent the government and that they therefore win. There was hope, following the Supreme Court's decision in Burlington Northern, that those days were nearing an end.
It is clear to me, following too many cases after Burlington Northern, that the government remains of the view that it is entitled to win these cases just by showing up. This hubris was evident recently in a decision rendered under the New Jersey Spill Act. In NJDEP v. Dimant, the… More
The Dismal History of Superfund's Water Body Sites
An article in the New York Times earlier this week reported on EPA's attempts under the Superfund program to address contamination in water bodies, such as rivers, lakes and harbors. Although the article acknowledges that these water body sites are technically challenging, it does not remotely capture the tortured regulatory history of these sites or the dubious remedial approach that EPA is now pursuing. It is not an exaggeration to say that some of the most notorious Superfund failures involve water body sites.
Typical of the course of water body sites under the Superfund program is the
What's the Future for Multi-Day Fines in Environmental Criminal Cases? The Supreme Court Rules That Juries Must Decide the Facts Supporting the Fines
The Supreme Court ruled today, in Southern Union v. United States, that juries must decide facts supporting the imposition of criminal fines. To this non-criminal lawyer (in more ways than one, I hope), the decision did not seem particularly difficult in light of Apprendi v. New Jersey, but that doesn't mean that the decision won't be significant in some environmental cases.
Southern Union was a RCRA case involving allegations that Southern Union had stored a hazardous waste without a permit. Specifically, the indictment alleged that Southern Union had done so "[f]rom on or about September 19, 2002 until… More
Wondering About the Status of EPA's CCR Rule? So Are 11 Environmental Groups
I have had a number of clients ask me recently about the status of EPA's efforts to regulate coal combustion residuals under RCRA. It turns out that some environmental groups have been asking themselves the same question. Being environmental groups, however, they did more than ask about it. They sued.
As most readers know, EPA published two separate proposals for regulating coal ash – one under Subtitle C and one under Subtitle D – on June 21, 2010. Since then, there has been mostly radio silence from EPA, aside from a Notice of Data Availability and request for additional comment last… More
The Unstated Liability Rule For the Sale Of Usable Wastes
Arguments about liability for the sale of "usable wastes" are as old as Superfund. The fact patterns involving the sale of usable wastes can be varied; however, the cases seem to be governed by the following simple but never explicitly stated rule: a party will be held liable if it sells a waste that cannot be used or won't be used as delivered without first causing the release of a hazardous substance.
This unstated rule explains why parties selling spent solvents to recycling facilities have always been found to have arranged for disposal (the spent solvents can't be used without… More
Obama Budget Would Cut Superfund by 6%: How About A New Approach?
According to a report in yesterday's Greenwire, President Obama's proposed budget would reduce Superfund spending by 6%, from $565 million to $532 million. I still don't understand why Obama, particularly with Cass Sunstein still at OMB, hasn't turned this problem into an opportunity. I know I've flogged this one before, but a significant part of the explanation for the size of the Superfund budget is related to CERCLA's status as the last bastion of command and control regulation. Everyone who practices in this area could provide endless examples of the almost unbelievable extent of micromanaging indulged in by EPA and its… More
MassDEP Issues Vapor Intrusion Guidance: Don't Worry; It's Only Guidance
Last week, MassDEP finally issued its long-awaited vapor intrusion guidance. Including appendices, it is 148 pages. There is a separate 52-page response to comments on the draft guidance. MassDEP has certainly learned that guidance must at least be described as guidance. The disclaimer runs a full page, and includes the following text:
MassDEP generally does not intend the guidance to be overly prescriptive. Use of such words as "shall," "must," or "require," however, indicates that the text is referring to a specific regulatory and/or statutory requirement, rather than a suggested approach and/or optional measure. Use of the words "should" or "recommend" indicates… More
Words Matter in Environmental Cleanup Standards
In New York State Superfund Coalition, Inc., v. New York State Department of Environmental Conservation, the highest court in New York recently put its own gloss on the long-standing environmental issue of "How Clean is Clean". There, the court held that, even though liability for cleanup under New York's state Superfund statute is triggered when there is a "significant threat" to the environment, the state has authority to promulgate regulations requiring cleanup beyond what would be necessary to eliminate that significant threat. Specifically, the Court affirmed regulations that require cleanup to "pre-disposal conditions, to the extent feasible".
The court… More
Greenpeace Critiques Apparel Sector Companies for Failing to Manage Water Contamination by Suppliers
Some of the world's most well-known apparel companies have come under criticism from Greenpeace for not sufficiently monitoring and limiting industrial wastewater discharges by suppliers. In a new report called "Dirty Laundry", Greenpeace highlights the wastewater discharges from two major manufacturers in China that supply products to a range of major brands — including Adidas, Bauer Hockey, Calvin Klein, Converse, Lacoste, Nike, Phillips-Van Heusen and Puma.
In the report, Greenpeace alleges that the suppliers' facilities discharge a range of hazardous chemicals into the Yangtze and Pearl River deltas –… More
CERCLA Is Still – Still – Constitutional
As much as I've always found EPA's use of unilateral administrative orders under Section 106 of CERCLA to be offensive, I still expected EPA's authority to withstand challenge. As I noted previously, not every law that is unfair is unconstitutional. At least for now, the issue has probably been laid to rest. Yesterday, the Supreme Court denied GE's petition for certiorari seeking to appeal the D.C. Circuit's rejection of its claim that EPA's exercise of its unilateral order authority is unconstitutional.
CERCLA has been constitutional for almost as long as Francisco Franco has been dead – and they're… More
Vapor Intrusion and the National Priorities List: Why Should the Biggest Superfund Problem Not Be Regulated Under Superfund?
As I have previously mentioned, EPA is considering including criteria related to vapor intrusion (VI) in the hazard ranking system scoring used to determine which sites should be added to the National Priorities List. As I noted when this first became news, it's pretty much an obvious step for EPA to take. These are precisely the types of sites on which EPA should be focusing. At a certain level, I'd be happy – relatively – if EPA limited CERCLA to sites imposing threats to public water supplies and sites posing VI problems, and jettisoned everything else.
The National Association of… More
Hurray! A District Court Actually Follows Burlington Northern
Recently, I expressed concern that District Courts, which traditionally have never seen a CERCLA plaintiff they didn't like, would ignore the Supreme Court's Burlington Northern decision – at least until there is another Supreme Court decision affirming that Supremes really meant the two-part holding in Burlington Northern: (1) divisibility isn't that hard and (2) parties aren't liable as arrangers unless they actually intended to dispose of hazardous material.
Although it shouldn't be earthshaking, I was therefore encouraged to see last week's decision in Schiavone v. Northeast Utilities Service Company. In Schiavone, the defendants sold used transformers to… More
Toto, I've a Feeling We're Not in Massachusetts Anymore: Exceeding a Cleanup Standard Is Not Necessarily An Imminent Hazard
In an interesting decision issued earlier this month, Judge Lewis Babcock of the District of Colorado ruled, in County of La Plata v. Brown Group Retail, that detection of contamination at levels exceeding state cleanup standards does not, by itself constitute an imminent and substantial endangerment under RCRA. I think that Judge Babcock is correct, but I can't help but feel that the decision might be different in the blue state of Massachusetts. I was particularly taken by Judge Babcock's description of the nature and purpose of state regulatory standards:
Regulatory screening levels, action levels, and standards do not… More
Cutting Through the Gordian Knot of Allocation: If You Were Bad, You Lose
In late 2009, Judge Griesbach ruled, in Appleton Papers v. George A. Whiting Paper, that parties who were significantly more "blameworthy" than others were not entitled to contribution from the less blameworthy parties. Last week, Judge Griesbach ruled on the cross-contribution motions from the defendants.
The defendants took a simple view. If the plaintiffs are not entitled to contribution from the defendants, because the plaintiffs were almost entirely at fault, then the defendants should be able to receive 100% of their own response costs in contribution from the plaintiffs. Plaintiffs, not surprisingly, took a contrary view. Plaintiffs' position was that the… More
A Twofer: Indoor Air and Guidance v. Regulation
Vapor intrusion is the issue de jour at federal and state Superfund sites. On the federal side, EPA announced in January that it was considering adding vapor intrusion criteria to its calculation of hazard ranking scores. Frankly, as a concept, it's hard to dispute. In fact, aside from when actual public water supplies are contaminated, indoor air is probably about the only risk associated with Superfund sites that we should care about. Every analysis EPA has ever done has shown that risks associated with Superfund sites are otherwise overestimated and it is not a cost-effective place to be putting environmental protection dollars. The question… More
A Man's Home (Or Mall Or Other Business) May Be His Castle — But He Still Has to Provide Access When Contamination Is At Issue
Two recent decision illustrate that PRPs do hold some cards in hazardous waste litigation, particularly if they are willing to be aggressive in investigating the contamination. Both cases demonstrate that "victims" or bystanders can face serious consequences if they do not cooperate with the investigation.
In Carlson v. Ameren Corporation, the plaintiffs had purchased a former manufactured gas plant from Ameren Corporation. They brought suit under RCRA, seeking an injunction requiring that Ameren remediate the property. Ameren filed counterclaims against the Carlsons, alleging that they had refused to cooperate with the cleanup. The question was whether such a lack of cooperation could constitute… More
Would You Spend $1Billion To Remove PCBs From Light Ballasts in New York City Schools?
It may be an apocryphal story, but my understanding as to why so many small municipal landfills in New Hampshire ended up on the NPL is that some bright light in the Granite State thought that Superfund was a public works program and that the fund would pay for the landfill closures. The result? Small towns became PRPs, responsible for Superfund response costs which, in some cases, approximated their annual municipal budget.
I recall going to a public meeting concerning EPA's preferred alternative at one site. At most sites, the public pleads for EPA to require more cleanup – because someone else… More
How Much Circumstantial Evidence Is Enough To Establish Liability? More Than Just Proximity and a Bad Name
Sometimes, good lawyering does matter. When DVL found PCBs on its property in Fort Edward, New York, and when it looked up and realized that GE had operated a manufacturing facility which utilized PCBs "almost adjacent" to DVL's property, DVL and its attorneys may have thought that they had a slam dunk case on liability. Not so fast. Last week, in DVL v. General Electric, Judge Lawrence Kahn awarded GE summary judgment on liability, because DVL had failed to provide even enough evidence of GE's liability to survive summary judgment.
DVL did have more than just GE's proximity on its side. The types… More
Pre-Thanksgiving Superfund Rant
As the holiday approaches, I am particularly thankful that I am not counsel to the Washington State DOT in United States v. Washington State DOT, a case that continues to make me want to take EPA, DOJ, and United States District Judge Robert Bryan by the neck and ask them what the heck are they thinking.
In July, I posted about Judge Bryan's decision holding that the Washington DOT "arranged" for the disposal of hazardous substances by designing and operating a highway drainage system that deposited highway runoff containing hazardous substances into… More
New Arsenic MCL in the Works? Will I Be Dead Before Any of My Sites are Clean?
As Superfund practitioners know, federal NPL sites are generally settled on the basis that the PRPs will first attain interim cleanup levels, though final cleanup levels are not determined until EPA is actually ready to issue its certification of completion of the remedy. Moreover, EPA insists that, should any ARARs change during the course of the cleanup, whatever standards are in effect at the time of site closure will be applied.
We saw the impact of this on the ground in 2001, when EPA revised the Safe Drinking Water Act maximum contaminant level, or MCL, for arsenic from 50 ppb… More
Yes, Virginia, You Can Estop the Government
One of the first lessons I learned as a summer associate, more years ago than I care to remember, is that the probability of a successful estoppel claim against the government is approximately the same as the probability that there is a Santa Claus. After the recent decision from the District of New Jersey in FMC Corporation v. American Cyanamid, the probability of a successful estoppel claim may still be low, but it isn't zero.
FMC involves claims concerning the Higgins Farm Superfund Site, in Franklin, New Jersey. According to the decision, FMC contacted the State of New Jersey in 2001… More
The Delusion of Finality in CERCLA
My partner Robby Sanoff blogged last week about the "Illusion of Finality in CERCLA." His post addressed City of Emeryville v. Sherwin-Williams, in which the 9th Circuit Court of Appeals held that a person who was not a party to a prior settlement could bring a contribution claim against such a settling party, at least where the new claim involved contamination at a downgradient property, rather than the property that was the subject of the first settlement.
City of Emeryville seems to have been rightly decided. The only real lesson it teaches is that a PRP who wants to settle… More
Illusion of Finality in CERCLA
In City of Emeryville v. The Sherwin-Williams Company, the Ninth Circuit recently underscored that CERCLA settlements can be a risky business that don't always produce finality, particularly when neither the United States nor a state is a party.
The Ninth Circuit decision grew out of a federal court action by the City of Emeryville involving contamination at a manufacturing facility that had been operated by Sherwin-Williams. Sherwin-Williams settled that suit and obtained what it thought was broad protection against contribution claims based on contamination "at, on, under, and emanating from" the facility.
After Sherwin-Williams had performed its obligations under… More
You Want to Preclude a Citizens' Suit? Pick Your Poison
When clients are threatened with citizen suits – and particularly when the threatened litigation involves a matter where EPA or a state regulatory agency is heavily involved, the clients always want to know why they can't somehow get rid of the citizen suit, given that EPA is on the case. The answer is that they can – but only in limited circumstances.
The recent decision in Little Hocking Water Association v. DuPont confirmed this answer in the context of RCRA. The Little Hocking Water Association provides public water… More
Is CERCLA The Most Poorly Drafted Statute In The History Of Congress?
There are only two permissible answers to this question:
Yes I don't know.
I was reminded of this reality in reading the decision issued earlier this month in Solutia v. McWane, in which Chief Magistrate Judge Greene of the Northern District of Alabama held that a party which incurs response costs pursuant to a consent decree or administrative order may not bring an action for cost recovery under § 107 of CERCLA and is instead limited to a contribution action under § 113 of CERCLA.
For those of our readers who are either masochists or do Superfund law for… More
Product Stewardship or Just Cost-Shifting?
Product stewardship is definitely in vogue. The Daily Environment Report has just noted that the United State Conference of Mayors has adopted a resolution calling for "Extended Producer Responsibility For Products." I understand the arguments in favor of product stewardship. From an economic point of view, the disposal costs associated with products and product packaging can be seen as an externality. Internalizing those costs would give manufacturers and distributors incentives to minimize those costs, through reduced packaging or changes in design/manufacturing that would reduce the costs associated with product disposal.
Nonetheless, I'm skeptical of the USCM resolution and wonder about how "producer… More
Just What We Need: More Community Engagement in Superfund Sites
Last week, EPA's Office of Solid Waste and Emergency Response announced release of its Community Engagement Implementation Plan. Who could be against community engagement? It's as American as apple pie. It's environmental justice. It's community input into decisions that affect the community. It's transparency and open decision-making.
Call me a curmudgeon, but I'm against it. Study after study shows that, in terms of the actual risks posed by Superfund sites, we devote too many of our environmental protection dollars to Superfund sites, when we should be focusing on air and water. Why do we keep doing this? Because the community demands it. As Peter Sandman has noted,… More
Life is Unfair: CERCLA Jurisprudence Department
When the Burlington Northern decision was first announced, I concluded that "never has the Supreme Court done so much by doing so little." On May 5, Judge John Mendez, of he Eastern District of California, proved me at least half right. In United States v. Iron Mountain Mines, joint and several liability was imposed on the defendants in 2002. The 2002 decision stated that "given the nature of pollution at the site, it would be difficult to identify distinct harms." The court did not analyze whether there was a reasonable basis for apportionment of liability.
Following the Burlington Northern decision, the… More
To Be Hazardous or Not to Be Hazardous: EPA Floats Two Options for Regulating Coal Combustion Residuals
Environmentalists have been pushing for years to overturn the Bevill Amendment and get coal combustion residuals (CCR) regulated as a hazardous waste. The failure of an impoundment at the TVA facility in Kingston, Tennessee, in 2008 almost guaranteed that EPA would do something to regulate CCR. Like Hamlet, however, EPA seems to be having trouble making up its mind. Earlier this week, EPA announced two different potential regulatory approaches, one regulating CCR as a hazardous waste under RCRA Subtitle C and one regulating CCR as non-hazardous waste under Subtitle D of RCRA.
… More
Making Sense of Superfund: The Third Circuit Gives a Lesson to the Supreme Court
One of the outstanding questions following the Supreme Court decisions in Aviall and Atlantic Research was whether a party which had entered into a consent decree with the United States and incurred direct response costs as a result could bring an action for cost recovery under § 107 of CERCLA or whether such a settling party would instead have a contribution action under § 113. The problem facing practitioners and the courts following Atlantic Research was that the Supreme Court seemed to have backed itself into a corner. By focusing its analysis of § 113 so narrowly on the traditional common law understanding… More
Time For Another Rant: Precautionary Principle Edition
As I have previously noted, Cass Sunstein, now head of the Office of Information and Regulatory Affairs at OMB under Obama, has called the precautionary principle "deeply incoherent." Why? Because, as Sunstein notes, "costly precautions inevitably create risks."
I hope that Sunstein is as troubled as I am by the news, reported recently by Inside EPA, that Mathy Stanislaus, head of EPA's Office of Solid Waste & Emergency Response, has said that implementing the precautionary principle is a key to EPA's environmental justice efforts.
When Stanislaus says that "we can't wait until we have all the… More
Superfund Contribution Actions: Bad Guys Need Not Apply
Last week, Judge William Griesbach, of the Federal District Court for the Eastern District of Wisconsin, issued an important Superfund contribution decision, which shows just how much equitable discretion judges have in resolving contribution claims. In Appleton Papers v. George Whiting Paper, Judge Griesbach ruled, on summary judgment, that one equitable factor, knowledge of the potential environmental harm caused by PCBs, trumped all others, and that the plaintiffs, who had manufactured carbonless copy paper, or CCP, had no right to contribution from paper companies which used CCP… More
Superfund Liability: Owner? Operator? Property Manager?
In an interesting decision issued a few weeks ago, a District Court in Georgia held that a property manager at a strip mall could not be held liable as an owner of a facility under CERCLA. However, the court held that the property manager could be liable as an operator of the facility. I don't think that the decision is correct, but if it is the law, then property managers would be wise to consider carefully what responsibilities they are willing to assume and what sort of indemnification agreements may be required with the actual property owners.
The case, More
EPA Issues a New Policy on Superfund Negotiations: Time For Another Rant?
Late last week, Elliott Gilberg, Acting Director of EPA's Office of Site Remediation Enforcement (OSRE) issued an Interim Policy on Managing the Duration of Remedial Design/Remedial Action Negotiations. Members of the regulated community may not be surprised by the contents of the memo, but they certainly will not be pleased. In brief, the memorandum fundamentally makes two points:
EPA wants to shorten the duration of RD/RA negotiation
EPA is going to use the heavy hammer of unilateral administrative orders, or UAOs, to keep PRPs' feet to the fire and ensure that negotiations move quickly.
PRPs will likely… More
Nanotechnology and Site Remediation: Is the Promise Beginning to Come to Fruition?
As a confirmed optimist and believer in technology, I've long thought that we can meet the challenge posed by global climate change – as long as we implement the right policies to provide incentives to develop the necessary technologies. Having the wide engineering knowledge that being a lawyer – as well as one of six political science graduates from MIT my year – provides, I have assumed that nanotechnology would play a substantial part in whatever the ultimate solution turns out to be.
Climate change is a big problem and we're… More
When is a Preliminary Injunction Inappropriate? When the Judge Prejudges the Merits
In an interesting case, the Court of Appeals for the First Circuit this week vacated most of a preliminary injunction issued by a federal judge in Puerto Rico, because, the Court concluded, the lower court had wrongly, and without doing so explicitly, converted a PI hearing into a hearing on the merits.
In Sanchez v. Esso, a gasoline station operator brought RCRA citizen suit claims against Esso, which supplied gasoline to the station, and which actually was the owner of the USTs in which the gasoline was stored. Plaintiffs requested a PI requiring Esso both to assess and… More
Burlington Northern: EPA Speaks
For those of you who cannot get enough of Superfund, I spoke at a Boston Bar Association panel on this subject yesterday about the implications of the Supreme Court's Burlington Northern decision. Thanks to EPA Region I and Joanna Jerison, head of the Region I Superfund Legal Office, for being willing to speak on so obviously sore a subject. And thanks to Craig Campbell for participating on the panel as well.
As you can see from her presentation and mine, it appears that EPA and the private bar do not yet have a common… More
An Additional Note on Burlington Northern: More Litigation in Your Future?
One more note on the Burlington Northern decision. A client of mine has already noted that one impact of the decision will be to result in more litigation over divisibility, which will be good for private lawyers (ouch!). She's right, as my clients always are, but she shouldn't be.
Litigation should only increase if EPA does not adjust its settlement demands. If EPA responds appropriately, and makes demands which reflect a fair resolution of a divisible liability, then there shouldn't necessarily be more litigation than there is today. However, if EPA continues to negotiate with PRPs as though liability is always… More
A Rant Against Superfund
As some of my clients know all too well, I've been spending a lot of time on some Superfund matters recently. Although I can't remember a period when I didn't have at least one moderately active Superfund case, significant immersion in complex remedial decision-making and negotiations provides an unwelcome reminder just how flawed CERCLA is. Almost 20 years after the acid rain provisions of the Clean Air Act ushered in wide-spread acceptance of the use of market mechanisms to achieve environmental protection goals and the state of Massachusetts successfully privatized its state Superfund program, the federal Superfund program, like some obscure former… More
Life After Atlantic Research: The Second Circuit Court of Appeals Holds that Response Costs Incurred Pursuant to a Consent Decree Are Recoverable Under Section 107 Of CERCLA
For those following developments in Superfund cost recovery and contribution case law after the Atlantic Research decision, it seemed worth noting that the Second Circuit Court of Appeals recently held, in W.R. Grace & Co. – Conn. v. Zotos International, Inc., that a party who incurs response costs pursuant to a state consent order has a right to bring an action to recover those response costs under § 107 of CERCLA.
Thus, the 2nd Circuit has answered the question left open by note 6 in Atlantic Research, and come down on the side of actions under § 107,… More
Imminent and Substantial Endangerment Under RCRA: Not Everything Qualifies
Attorneys who have litigated citizen suits under RCRA have often wondered if there is any possible risk that would not qualify as an "imminent and substantial endangerment," thus subjecting the person who "contributed" to such endangerment to liability under RCRA.
In Scotchtown Holdings v. Town of Goshen, the District Court for the Southern District of New York earlier this month established at least some outer parameters for this seemingly boundless phrase. In Scotchtown Holdings, the owner of land allegedly contaminated by the defendant's use of sodium chloride – also known as salt to the uninitiated – caused groundwater contamination… More
How Likely is "More Likely Than Not"? Expert Testimony Under CERCLA
"Expert Testimony" Evidence Proof
Regulatory Fallout from the TVA Coal Ash Release
The magnitude of the recent release of coal ash from the TVA dam is hard to fathom, though the pictures certainly give some sense of its magnitude. Now, as regulators and Congress attempt to get their collective arms around the import of the release, some of the regulatory implications of the release are starting to emerge. According to a report in yesterday's Greenwire, Congressional hearings this week may include a discussion regarding whether coal ash should continue to be exempt from regulation as… More
Private Contribution and Cost Recovery Claims Under CERCLA: The State of the Law after Atlantic Research
For those of you who haven't been keeping up with the law on private cost recovery and contribution claims under CERCLA, following the decision in Atlantic Research, I recently participated in a panel discussion on the issue. A copy of my presentation can be found here.
The most contentious issue during the discussion was whether private parties who have settled with the government and performed direct cleanups – as opposed to reimbursing the government – as a result of such settlements have an action for cost recovery under § 107 of CERCLA or an action for contribution under § 113 of… More
EPA Looks to Make Life Under RCRA Easier For Educational Institutions
The Environmental Protection Agency (EPA) is set to publish a Final Rule creating an optional, alternative set of generator requirements for hazardous waste generated or accumulated in laboratories at "eligible academic entities": (1) colleges and universities; (2) non-profit research institutes owned or affiliated with a college or university; or (3) teaching hospitals owned or affiliated with a college or university.
The Rule will append a new subpart, Subpart K, to the Resource Conservation and Recovery Act (RCRA) hazardous waste generator regulatory requirements of 40 CFR 262. Eligible academic entities may choose to have their laboratories subject to Subpart K in… More
Indoor Air: New Pathways to Potential Liability?
Two recent federal decisions may aid regulators and activists seeking to hold companies liable under the Resource Conservation & Recovery Act (RCRA) for historical soil or groundwater contamination that could migrate as vapor and contaminate indoor air.
On July 28, 2008, in United States v. Apex Oil Company, Inc., the U.S. District Court for the Southern District of Illinois found the owner of a petroleum pipeline strictly liable under RCRA for pipeline leaks that contaminated soil and groundwater decades prior, and granted injunctive relief requiring the owner to abate the contamination. In Apex Oil, the Department of Justice filed suit under… More
Say It Loud, Say It Clear; The Inside of a Building Is NOT the Environment
In a recent decision, the 7th Circuit Court of Appeals confirmed that neither CERCLA nor RCRA provide convenient ways for the buyer of a building containing asbestos to finance the abatement of that asbestos. In Sycamore Industrial Park Associates v. Ericsson, the seller of the building replaced the old heating equipment shortly prior to sale, but left the old system, including piping, in place. The buyer sought to make the seller pay for the asbestos abatement on the ground that the seller has disposed of the old equipment by abandoning it in place when it installed the new system…. More
Definition of Solid Waste Revised to Encourage Recycling of Hazardous Secondary Materials
On October 7, 2008, the Environmental Protection Agency (EPA) issued a new final rule (the "Rule") that exempts certain recycled hazardous secondary materials from RCRA's "cradle to the grave" regulatory system.
Hazardous waste is regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA). A hazardous secondary material can only be classified as a hazardous waste if it is first determined to be a solid waste as defined in Section 261.2 of the RCRA regulations. Previously, Section 261.2 classified some hazardous secondary materials, but not others, as solid wastes even when recycled. As complying with RCRA can be expensive… More
The Bailout Bill Attempts to Bail Out Brownfields Properties
As pretty much everyone knows, in order to improve its prospects for passage, the Senate added certain tax provisions to the financial bailout bill – also know as the Emergency Economic Stabilization Act of 2008, or H.R. 1424 – enacted earlier this month. One of the provisions included in the EESA was an extension of the brownfields tax incentive.
The brownfields tax incentive, originally enacted as part of the Taxpayer Relief Act of 1997, and codified as Section 198 of the internal revenue code, allows developers to immediately expense the cost of remedial work at brownfields sites,… More


text:
My review
Original recipe yields 16 servings
Based on a 2,000 calorie dietSee full nutrition
Ready In
This was ok. It does not taste good unless you toss it with the potatoes and chill overnight. Otherwise, all you taste is sugar. I did add some chopped fresh parsley for color. Be careful of the...
This turned out a little thick for a potato salad dressing, so the next time I would add more water or vinegar to thin out when I'm cooking the egg mixture. For our tastes, it was a bit sweet, ...

subset: commoncrawl


text:
From unemployment to rising rents to widespread foreclosures, many major problems face Americans. In his latest column, Neal Peirce argues that planners are the ones who can formulate a broad solution.
"Looking at today's crises piecemeal misses a larger point, the American Planning Association argues in a book, 'Overlooked America'."
"It's that at least 12 percent of the U.S. population - over 37 million of us - faces serious life struggles. And that it's not just the jobless in a recession, or people chronically without a roof over their heads. The 'overlooked' of America, the planners write, include those who suffer from the dangerous emissions of nearby toxic waste dumps. They're also teenagers expelled from their homes for being gay and then exposed to sexual exploitation on the streets."
"They're sex offenders who serve their sentences, straighten out their lives, but get treated as 21st century lepers in their communities."
"And the overlooked are also the elderly stranded in their homes when they can no longer drive."
"The message: Planners, who most of us think of as the technicians who lay out city streets and parks and deal with building codes and zoning, can help set the rules, raise issues and act as a strong moral force in their communities. "


text:
Sette Angeli Rooms Reviews
- Info
- |
- Rates
- |
- Map & Directions
- |
- Reviews
- |
- Facilities
Reviews & Ratings Explained
The rating percentage is calculated from customers who booked within the last 12 months.
All ratings and reviews are based on the feedback and opinions of the customers who submitted them and do not express the opinions of Hostelworld.com. This way, you get an up-to-the-minute opinion of just how good a hostel really is.
Read our review guidelines »
The rooms are clean and comfortable. The location is good for starting a city tour and not far from the main train station of the city. Most of all, the staff is very nice.
- Avid Traveller
- oatchan
- Thailand
- Mixed Group, 31-40
- (14 reviews)
Hide older reviews
very nice place to pass some nights in florence, excellent location, very good rooms, gentle staff, no regrets about it
- Novice Nomad
- Anonymous
- Italy
- Male, 18-24
- (1 review)
Great place, friendly staff that was always there. Really close to the train station. A bit tough to find, because the street literally has two different number systems (red address numbers have nothing to do with the black numbers. Sette Angeli is in the BLACK numbers!), but once we found it all was simple!
- Novice Nomad
- pestell2
- Mixed Group, 18-24
- (5 reviews)
Great location, clean environment, friendly staff,my first choice in Florence
- Novice Nomad
- Anonymous
- Taiwan
- Female, 31-40
- (2 reviews)


text:
We make deciding where to get your Mercedes ML350 Head Light parts easy. We strive to make the ordering process as easy as possible. Need more than $75 in Mercedes ML350 Head Light parts, we will pay for the shipping. Join our maintenance club and receive emails when your vehicle is due for its next service. Our Mercedes ML350 Head Light parts experience is what sets us apart from the rest of the Mercedes ML350 Head Light parts sites on the net. If you live in the 48 contiguous states, you can receive free shipping for Mercedes ML350 Head Light parts orders over $75.00. Call us and let one or our experienced customer service representatives help you with your order. We offer our catalog online so you can enjoy our selection of auto parts any time you want.
Dean M. - Glendora, CA: Just wanted to let you folks know that I've been ordering parts from you over the last 2 years and have been completely satisfied with every order. Thanks a lot and keep up the good work.
Karl K. - Mesa, AZ: I'm very happy to have such a great Audi parts resource that's both local and nearly always the best price around! Customer service is outstanding definitely beyond my expectations!


text:
Best Bread (2006)
German Bread Haus
When it comes to the staff of life, Europe rocks. If you're looking for something awesome with which to mop up your gravy, go straight to the Italians, the French, and the Germans. While the first two favor a crusty, airy loaf, the German version is typically too heavy to carry one-handed. It's also lugubrious in mood, slightly sour in flavor, and best when heavily buttered -- much, come to think of it, like the national character. Deiter and Norma Dauer, who've owned the German Bread Haus for 20 years -- that tiny gingerbread-looking concoction you've passed a thousand times on Commercial Boulevard -- import some of their flours from Germany and offer several entirely organic loaves studded with seeds and nuts (like their popular Jogger's Loaf, Survival Power, and other multigrains also sold at Whole Foods) in addition to classic German wheat-rye mixes, sourdough, sweet raisin-inflected stuten, Christmas stollen, and a cornucopia of rolls to fill Little Red Ridinghood's basket. They'll let you stand and taste (heavily buttered) samples for as long as it takes you to make up your mind. And by that time, you'll be packing up cherry strudels and bags of ginger and pepper nut cookies too.
Location Details
Oakland Park FL 33334
More Food & Drink Awards
Best Key Lime PieAruba Beach Café
Best Conch FritterCalypso
Best Seafood Market in Palm BeachPalm Beach Fish Market and Bistro
Best Seafood Market in BrowardFish Peddler East


text: Posted by Liz Cadman on Apr 06, 2013 in Blog | Tags: eco-friendly| 5 commentsBest Honest Company Coupon Ever! 40% Off Any Bundle!I LOVE the Honest Company (check out my review here) so I was thrilled to learn about this new coupon! Use coupon code wittlebee to save 40% on any order (expires 4/10). This includes all subscription bundles, and add-ons on bundles.If you aren't familiar with The Honest Company, they make eco-friendly and toxin-free cleaning, bath and body, and baby products. You can customize your subscription bundle to the products you want – and you can change the products every month if you like!Written by Liz CadmanLiz is the founder of My Subscription Addiction. She's been hooked on subscription boxes since 2011 thanks to Birchbox, and she now subscribes to over 50 boxes. Her favorites include POPSUGAR Must Have, and any box that features natural beauty products!Blissmo Box Spring Picnic Review - March 2013 - Eco-Friendly SubscriptionHonest Company Family Essentials Bundle Review + Coupon Code! Conscious Box - October 2012 Review - Monthly Reviews Eco Friendly / Organic Subscription BoxesAll views in this review are the opinion of the author. My Subscription Addiction will never accept payment in exchange for a review, but will accept a box at no cost to provide honest opinions on the box. This post may contain affiliate/referral links. Read the complete My Subscription Addiction disclosure.


text:
29 June - 01 July, 2015 - Hotel Alimara Barcelona , Barcelona, Spain
Download the Agenda
30 countries
600+ attendees
200+ organisations
Play your part in raising the bar for QA & Localisation throughout the industry!
With many of the industry's leading players and many up-and-coming ones participating, can you really afford to miss this opportunity?
Contact us to find out more!
'Welcome to the Neighbourhood!': Dealing with Localisation As a situation that all developers and publishers selling games to an international audience share, the annual Game QA and Localisation conference Read More
Mike Gilmartin BLIZZARD
Eric Kleffer KING
François Fouchet ROCKSTAR LINCOLN
Charlie Harris SEGA
JUST ANNOUNCED: Unity will be back with a more hands-on practical course addressing automated testing + NEW workshops from Bigpoint!
GAME QA & Loc 2014 HIGHLIGHTS
"This event gives great value to the work we are doing; something that not many conferences out there do"
"Great event specific to gaming"
"The event was terrifically valuable. The ability to meet peers you have heard of but have not been able to synch up with is reason enough to attend"
Microsoft (GTO): Interview with Lead Software Development Engineer in Test
Discover the top findings from Gareth Rogers, Lead SDET for Microsoft GTO Europe.
E-book! Game Quality Assurance & Localisation: Takeaway Insight
In this complimentary eBook, Gaming IQ collates insight from some of the world's leading games companies and senior QA leaders.
Yes that's right, the third installment of the European forum is trading London for sunny Barcelona, Spain! Sun, sand, sangria - and now a QA/localisation conference to boot!
More than 180 people met in London last year, where we focused on automation, hearing some fantastic talks and examples of the how, when and why of implementation. While automation is still a hot subject in both fields, this year with our change of scenery we also welcome a change of perspective. Let's examine the role and place QA and Loc have within game development.
Find out why GAMEQA & Localisation Europe 2015 is the must attend event!
Get the full speaker list and programme, including talks and workshops: DOWNLOAD THE AGENDA
Questions? Contact us on 0800 652 2363 or +44 (0) 20 7368 9300 or email email@example.com now!


text:
The Cottagers had slid towards the bottom three after winning only one of their previous 12 games but were well worth their second away success of the campaign.
Dimitar Berbatov's seventh goal of the season gave the Cottagers a half-time lead and, although Romelu Lukaku levelled after the break, Kacaniklic restored the visitors' advantage.
Berbatov wasted a golden opportunity for Fulham. A mistake by Chris Brunt left the former Manchester United player with a clear run towards Ben Foster but he shot over the bar.
But Berbatov made amends after 39 minutes by putting Fulham ahead. Ashkan Dejagah turned inside Liam Ridgewell before squaring the ball across the box to the Bulgarian, whose first time shot flew past Foster.
Albion left the pitch at half-time to the sound of boos after a below-par performance. The atmosphere quickly changed with Lukaku needing only three minutes of the second period to bring West Brom level.
Marc-Antoine Fortune spread the ball out wide to Billy Jones, who skipped past Steve Sidwell before centring for Lukaku to make no mistake from close range.
The home side were revitalised and Lukaku held off Aaron Hughes before crashing a rising shot against the outside of a post. Stockdale denied Lukaku and Zoltan Gera in quick succession and the rebound broke to Brunt, whose shot was headed off the line by Hughes.
But after 57 minutes Fulham regained the lead against the run of play through Kacaniklic's third goal of the season.
Bryan Ruiz played a lofted ball forward to Kacaniklic on the edge of the box and he checked back inside before firing home.
- Sports & Recreation
- Soccer
- Dimitar Berbatov
- Romelu Lukaku
- Chris Brunt


text:
Nexxus Humectress
403 reviews
64% would repurchase
Package Quality: 3.8
Price: $$$
Package Quality: 3.8
Price: $$$
INGREDIENTSNew formula (2009): Water (Aqua, Eau), Cetyl Alcohol, Stearyl Alcohol, Cyclopentasiloxane, Dimethicone, Bis(C13-15 Alkoxy) PG-Amodimethicone, Stearalkonium Chloride, Fragrance (Parfum), Aminopropyl Dimethicone, Cetrimonium Chloride, Isostearamidopropyl Dimethylamine, DMDM Hydantoin, Dimethiconol, C14-15 Alcohols, Limonene, Disodium EDTA, Citric Acid, Iodopropynyl Butylcarbamate, Citronellol, Coumarin, Geraniol, Hexyl Cinnamal, Sodium Chloride, Hydrolyzed Keratin, Panthenol, Cocos Nucifera (Coconut) Oil, Yellow 5 (CI 19140), Propylene Glycol, Red 4 (CI 14700), Red 33 (CI 17200), Polyglyceryl-3 Distearate, Blue 1 (CI 42090), Polysorbate 60, Stearic Acid, Palmitic Acid, Myristic Acid, Guar Hydroxypropyltrimonium Chloride, Honey Extract (Mel, Extrait de Miel), Triticum Vulgare (Wheat) Flour Lipids, Persea Gratissima (Avocado) Oil, Tetrahexyldecyl Ascorbate, Glycine Soja (Soybean) Sterols, Alpha-Glucan Oligosaccharide, Ceramide 3, Ethylhexyl Methoxycinnamate, Butyl Methoxydibenzoylmethane, Tocopheryl Acetate **** Original formula: Water (Aqua), Stearalkonium Chloride, Glycerin, Cetyl Alcohol, Mineral Oil, Cetearyl Alcohol, Wheat Flour Lipids (Triticum Vulgare), Tetrahexyldecyl Ascorbate, Alpha Glucan Oligosaccharide, Keratin Amino Acids, Panthenol, Tocopheryl Acetate, Magnesium Citrate, Manganese Citrate, Avocado Oil (Persea Gratissima), Soybean Sterol (Glycine Soja), Ceramide 3, Butyl Methoxydibenzoylmethane, Ethylhexyl Methoxycinnamate, Myristic Acid, Palmitic Acid, Stearic Acid, Sodium Sorbate, Guar Hydroxypropyltrimonium Chloride, Petrolatum, Stearyl Alcohol, Disodium EDTA, DMDM Hydantoin, Iodopropynyl Butylcarbamate, PEG-40 Castor Oil, Citric Acid, Penoxyethanol, Methylparaben, Propylparaben, Fragrance (Parfum), Red 4 (CI 14700), Yellow 5 (CI 19140), Blue 1 (CI 42090), Red 33 (CI 17200)
Age: 30-35
Skin: Acne-prone, Olive, Warm
Hair: Brown, Curly, Coarse
Eyes: Green
I've only used the new formula but I really like this. Yes, it's heavy on the silicones so not CG-appropriate, but my hair responds so well to this. I have long, chemically processed hair but it still relatively healthy and I have to credit this (and Aphogee protein) for this.
It leaves my hair very soft and moisturized - this is the best drugstore conditioner that I've come across.
Age: 36-43
Skin: Combination, Fair-Medium, Not Sure
Hair: Brunette, Other, Other
Eyes: Black
ATTENTION: all good reviews were posted before 2010.. that means, those reviews correspond to the old nexxus formula!!!
Ive had used this conditioner for more than 6 years, but in 2009-2010 Nexxus changed the fomula, and now is just an average conditioner.. Is not as great as it used to be, so disappointed that the formula is completely different and cheaply reformulated. This new formula conditioner does nothing beyond any cheap drugstore conditioner. is basically crap!
i heard there is a very similar to the old formula, also from nexxus "phyto organics humectin".. i will try it and update later..
ok. noooooooooooo! it is just another average conditioner! dont even spend your money in humecting trying to find a substitute to your old favorite humectress.
I even wrote to them, complaining for substituting such a great, extremely effective product to a crappy one! what a shame!
I was in a mission to find a replacement for my HG humectress conditioner, and the best so far is "Tigi-catwalk honey and oatmeal conditioner" is really moisturizing and gives me a similar (not exactly) effect than my discontinued old formula humectress. Shiny, smooth, strong hair, with a touch of volume. Make it look really healthy when is not!
Try it if you are unhappy with new humectress!
OMG!! tigi is also discontinued!!!
New humectress, just crap!
Age: 19-24
Skin: Combination, Medium, Neutral
Hair: Blond, Wavy, Medium
Eyes: Blue
I pair this with the Therappe shampoo and it's a great combination! This conditioner does what it's supposed to. It's a bit on the pricey side at around $17 but a little goes a long way. I just need a very small amount to work through my ends and it leaves my hair really soft and manageable. It also doesn't weigh down my hair or leave it feeling greasy.
I would not repurchase though, as I think I can find something better.
Age: 36-43
Skin: Very Dry, Fair, Not Sure
Hair: Brunette, Other, Other
Eyes: Other
Leaves my normally easy to care for hair feeling gummy and unclean. I usually like a heavy conditioner (I have dry hair) but this just makes my hair limp/heavy/gummy to the touch. Avoid.
Age: 36-43
Skin: Very Oily, Fair-Medium, Not Sure
Hair: Brunette, Other, Other
Eyes: Brown
This was my HG conditioner for YEARS. Loved it, until they sold out and changed the formula. Now it is loaded with silicone and it is horrible. Really, if you are going to use conditioner of this quality, just go to the dollar store and get their cheapest brand and save yourself the money.
I'm still so disappointed that the formula is completely different and cheaply reformulated. :(
Age: 19-24
Skin: Combination, Fair-Medium, Not Sure
Hair: Brunette, Other, Other
Eyes: Brown
I love this! I have been looking for a good shampoo/conditioner for a long time. I came across this and wow! It makes my hair look GREAT. Moisturizes very well! I will continue using this product. If you have dry/damaged hair, I would recommend this for sure.
Age: 36-43
Skin: Other, Other, Not Sure
Hair: Other, Other, Other
Eyes: Other
I didn't think it was possible to be in love with a Shampoo and Conditioner like this, but well, I am totally and utterly in love with these by Nexxus!!. I found the 1L bottles and bought both the Shampoo and Conditioner. I've never used it before and now i wish i had been all along. The shampoo leaves my hair sooooooo soft while i'm washing my hair with it. And this matching Conditioner, Humectress, Ultimate moisturizing Conditioner is Divine as well!!!!. They both leave my hair feeling really,really soft after. And i love the scent of both. Almost Candy, Vanilla smelling to me, and i love that smell!!. I'm anxious to see how long the liter bottles will last me. My hair is Platinum/white blonde, and because of all that i've done to it, they are extremely dry and very fragile. So i needed something like this to help with the dryness. And they do, both of them!!. I highly recommend these!!.
Age: 18 & Under
Skin: Combination, Medium, Neutral
Hair: Black, Other, Medium
Eyes: Brown
Favorite conditioner! I use it along with the Therappe shampoo and argan oil in my hair and it's perfect. My hair feels luxurious and soft with this stuff. It smells absolutely amazing (a tropical coconut scent) and it's so creamy. My hair feels nice and detangled after I use this. I absolutely love it, totally recommended!
Age: 18 & Under
Skin: Combination, Fair-Medium, Cool
Hair: Other, Straight, Fine
Eyes: Brown
This is my HG conditioner. I focus this on my ends then rub the remainder in to the roots of my hair. One thing love about this is that it smells AMAZING. My hair length is below my belly button and i can get split ends plus dryness easily. After using this, my hair is easier to comb through and is very moisturizing. Can't wait to get another cool curvy looking bottle (:
PRice: $9-12CAD at shoppers drug mart or walmart
Age: 19-24
Skin: Dry, Olive, Warm
Hair: Black, Kinky, Coarse
Eyes: Brown
I bought this in conjunction with the Therappe shampoo (a liter of each, nice pairing btw) and sadly I'm running pretty low. I use way more condish than poo so I guess that should be expected. Anyway, I really like this conditioner when I wear my hair curly. I get very defined curls that feel super moisturized and smooth. Slightly weighed down, but I don't mind since I'm wearing it curly. That being said, I do not like to use this before I flat-iron my hair. This is too heavy for a straight look...it does seem to weigh my hair down and leave a residue that does not work well with a flatiron. I tried it several times and hated the result (even after using a small amount of this and making sure I rinsed it out thoroughly), so I reserve this for when I wear my hair curly. I don't think this is good for thin/fine hair as it doesn't provide much volume/bounce. Coarse/curlies will appreciate this as a rich thick condish IMO.
Popular Conditioners
120 Reviews
96 Reviews
55 Reviews
148 Reviews
172 Reviews
192 Reviews
Video Reviews & Tutorials
Nexxus Therapee & Humectress Review by starlitmakeupchick


text:
- Homepage >
- News Archives >
- Article
SDDC welcomes two units into family in patch changing ceremony
May 20, 2009
FORT EUSTIS, Va. (May 20, 2009) -- The Military Surface Deployment and Distribution Command welcomed two units into its family in a patch changing ceremony Friday at the command's Fort Eustis facility, Bldg. 661.
The ceremony signified the transfer of authority of the 688th and 689th Rapid Port Opening Elements from the 7th Sustainment Brigade to the 597th Transportation Terminal Group.
Maj. Gen. James L. Hodge, SDDC commander, hosted the ceremony welcoming the two units into SDDC's fold. He spotlighted the history of the Army's patches, which date back to World War I, stating that each shoulder sleeve insignia is crafted with symbolism alluding to each unit's formation.
Hodge told the units' Soldiers that he knows how proud they've been to wear the 7th Sust. Bde. patch as well as the tradition it signifies.
"I hope that you are equally proud to wear the SDDC patch, demonstrating to all at a glance that you are committed, dependable and relentless," said Hodge.
"Part of SDDC's vision and focus for the future is for SDDC to become the operational deployment and distribution champion. This patch changing ceremony is part of the realization of that vision. I take seriously SDDC's new responsibility for the readiness, manning and equipping of your fine units," he added.
The 688th and 689th are the first Army active-duty units created specifically to provide surface transportation expertise for Joint Task Force- Port Opening. The 816th, 817th and 818th Contingency Response Groups, assigned to the 621st Contingency Response Wing, make up the other half of the JTF-PO.
As an interim measure, a provisional reserve unit was formed to meet immediate requirements. The reserve unit was designated as the Transportation Port Opening Element and assigned to SDDC's 597th TTG at Eustis since June 14, 2006, but was located at Fort Dix in New Jersey.
The TPOE was inactivated July 1, 2008, and the 688th assumed its current mission. In October 2008 the 689th stood up, and both RPOEs now serve as part of the U.S. Transportation Command's JTF-PO.
On order, the RPOEs will deploy with a U.S. Air Force Air Mobility Command CRG Air Element as a joint expeditionary logistics force to establish an aerial port of debarkation, forward distribution node, in-transit visibility, and conduct clearance and distribution operations.
The RPOEs receive and transload cargo as an initial entry port opening force until relieved by or integrated into follow-on sustainment forces.
"Following a certification exercise the week of May 18, we will have our first RPOE validated and trained to support JTF-PO seaport operations," said Col. Craig Hymes, 597th Transportation Terminal Group commander.
"Command Sgt. Major Offord and I are pleased to have both the 688th and 689th RPOEs join the 597th team," he added.
The 597th TTG has been located at Fort Eustis since July 2005. Prior to relocating to Eustis, the 597th was located on the west bank of the Cape Fear River at the Military Ocean Terminal, Sunny Point in Southport, N.C.
Today, the Group provides command and control for the 832nd Transportation Battalion in Jacksonville, Fla.; the 833rd Trans. Bn. in Seattle; the 841st Trans. Bn. in Charleston, S.C.; and the 842nd Trans. Bn. in Beaumont, Texas, that ensure SDDC's vital mission is accomplished.
"You can count on team 'Movers' to continue to provide the warfighter with world-class strategic surface deployment and redeployment through United States' ports," said Hymes.
"I am proud to have the 688th and 689th wear the SDDC patch sharing our mission as global surface transportation experts," he added.


text:
Is this multi-tasking product in your beauty bag? Add to ...
The Globe and Mail
Last updated
Makeup artist Bahar Niramwalla explains why you might be able to shelf your foundation in exchange for a BB cream
Watch More Video:
Hatred, racism force Victoria newspaper to close down comments online
Clooney says his proposal to Amal was 'one of those horrible moments'
'There's no such thing as not going to the gym': Canadian UFC fighter Misha Cirkunov
Fireball in the B.C. sky part of 'Planet of the Apes' movie
Dramatic roadside rescue in B.C. caught on camera
Videos of fighting Surrey, B.C. teens wind up online
How Toronto's 'dancing barista' became world famous via social media
Shaquille O'Neal joins police in pickup game with neighborhood kids
Passengers bumped around after muddy plane landing in Vancouver
The dangerous commute made by China's 'Motorcycle Army' for the Spring Festival
'Piece of heaven' destroyed after vandals hit up pristine B.C. forest
How skating on the Rideau Canal inspired an '80s-style video game
Jays pitcher Marcus Stroman talks his cameo in a music video
B.C. baby saves family from poisoning
British tourists looking for medical treatment labelled 'suspicious' by Vancouver police
Latest rides shown off at Detroit Auto Show
Oh deer: Young buck pulled from icy pond in B.C.
Police reunite old family photos lost in Victoria with Ontario owners
Humpback whales surprise boaters just off Vancouver Island coast
Vancouver cat café runs into a problem: It has no more cats


text:
|Quick links:
Latest Team Rankings
Free Rivals Alerts
Member Services
|ShopMobileRadio RSSRivals.com Yahoo! Sports
|College Teams
|High Schools
July 28, 2013
Kemp talks Southern Miss commitment
Demetrius Kemp.Over the weekend Southern Miss hosted an on campus recruiting for many of the top prospects on their recruiting board. One prospect in attendance for "Black Ops Day" was Demopolis (Ala.) High stand out athlete
During the event Kemp pledged his services to the Golden Eagles.
"I kind of had my mind made up before I went over," he said in an interview with BigGoldNation.com. "I felt like then (at the event) would be the right time to do it...."
Kemp had mad a previous visit to Southern Miss and was familiar with the campus and facilities.
"It was my second visit to campus," he said. "I went to a Junior Day there in June."
During the day chocked full of activities for recruits Kemp and his mother had a one-on-one meeting with Head Coach Todd Monken.
"When me and my mom were in the office meeting with Coach Monken," he said. "That's when I committed."
"The coaches were all real excited when I committed," he continued.
With his commitment known and his place on the commitment board no longer in doubt Kemp was free to enjoy the rest of the day with other Southern Miss commitments, prospects and players.
"It was so much fun," he said. "We had some competitions, we were shooting basketball and playing laser tag."
"It was a good opportunity to get to hang out and get to know the other guys," Kemp said.
Southern Miss wasn't the only program to offer the talented prospect. The Eagles' primary competition came from Georgia Tech, but he also sported offers from Arkansas State, South Alabama and several top FCS programs.
When asked what set Southern Miss apart from the competition he had this to say.
"Coach Monken is a great guy", Kemp said. "He's the only head coach that I talk to a lot. It was him, Coach Thacker and Coach Wozniak. I talk to one of those guys at least every other day."
Southern Miss receivers coach John Wozniak serves as Kemp's recruiting coach, while he'll likely play for coach Andrew Thacker who serves as the safeties coach for the Eagles.
Enjoy this complimentary read from BigGoldNation.com. For a limited time we're offering a 30-day FREE TRIAL to our premium content. Click Here and use Promo Code: Rivals30 to take advantage of this offer.
Georgia NEWS
Latest Headlines: