Diana A Silva

November 13, 2017 | The Legal Intelligencer

The federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as Superfund, provides private parties with two types of claims to recover costs associated with investigating and remediating contaminated sites—a cost recovery claim under CERCLA Section 107(a), 42 U.S.C. Section 9607(a), and a contribution claim under Section 113(f), 42 U.S.C. Section 9613(f). A party can have either a CERCLA Section 107 cost recovery claim, or a Section 113 contribution claim, but not both, as each section of CERCLA provides mutually exclusive remedies.

By Diana A. Silva

9 minute read

July 25, 2016 | The Legal Intelligencer

When negotiating a private settlement agreement, practitioners typically consider such negotiations to be confidential and privileged, not to be disclosed by the parties outside of the confines of the settlement discussions. In fact, most private mediation and settlement agreements contain specific confidentiality provisions, with each party expressly agreeing that the terms of the settlement are to be kept strictly confidential and not disclosed to any third party unless required by law. But, when settlement negotiations take place with a governmental agency, maintaining confidentiality both during and after settlement can be more problematic, as the content of the negotiations and documents exchanged may be subject to disclosure under the federal Freedom of Information Act (FOIA) and state "sunshine" laws, including Pennsylvania's Right-to-Know Law and New Jersey's Open Public Records Act (OPRA).

By Diana A. Silva

22 minute read

May 08, 2015 | The Legal Intelligencer

Oftentimes the investigation or remediation of environmental contamination at a site triggers the need for access to an off-site property, either to determine whether the off-site property has been impacted by the contaminated site, or to conduct remedial activities to address contamination that has migrated to the site. In recent years, the need for this off-site access has become more frequent because of increased regulatory focus on vapor intrusion—the potential of certain contaminants in soil or groundwater to volatilize, travel through the subsurface, migrate through building floors and foundations, and potentially negatively affect indoor air quality.

By Jonathan H. Spergel and Diana A. Silva

9 minute read

May 07, 2015 | The Legal Intelligencer

Oftentimes the investigation or remediation of environmental contamination at a site triggers the need for access to an off-site property, either to determine whether the off-site property has been impacted by the contaminated site, or to conduct remedial activities to address contamination that has migrated to the site. In recent years, the need for this off-site access has become more frequent because of increased regulatory focus on vapor intrusion—the potential of certain contaminants in soil or groundwater to volatilize, travel through the subsurface, migrate through building floors and foundations, and potentially negatively affect indoor air quality.

By Jonathan H. Spergel and Diana A. Silva

9 minute read

January 10, 2014 | The Legal Intelligencer

As we ring in the New Year, here is a preview of the top environmental issues that are expected to take center stage in 2014:

By Diana A. Silva

7 minute read

March 08, 2013 | The Legal Intelligencer

The U.S. Environmental Protection Agency recently issued new guidance that will help tenants leasing contaminated property to minimize their risk of environmental liability under the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as CERCLA.

By Diana A. Silva

6 minute read

February 24, 2012 | The Legal Intelligencer

In recent years, the Environmental Protection Agency has promulgated a number of regulations affecting the energy sector. Last year was no exception, with the EPA issuing several new rules aimed at curbing air emissions from electric generating units (EGUs).

By Katherine L. Vaccaro and Diana A. Silva

11 minute read

February 28, 2012 | Texas Lawyer

In recent years, the Environmental Protection Agency has promulgated a number of regulations affecting the energy sector. Last year was no exception.

By Katherine L. Vaccaro and Diana A. Silva

11 minute read