Greetings from the Chair

Jeffrey Pollock

Welcome to a new year for the Superfund and Hazardous Waste Committee! We hope to arrange for at least three more newsletters over the next nine months. On behalf of David Platt (dplatt@murthalaw.com) and Bruce Howard (bruce.howard@lw.com), two of the vice-chairs of the Committee and the co-editors of this newsletter, I invite you to submit articles suitable for the Committee’s newsletter. This edition of the newsletter covers areas ranging from 1) United States v. Power Engineering Co., the continuing consequences of the Eighth Circuit’s decision in Harmon Industries v. Browner; 2) public service opportunities for Superfund and Hazardous Waste practitioners; 3) the Fifth Circuit’s recent en banc decision in Aviall Services, Inc. v. Cooper Industries, Inc. affecting cost recovery actions; and, inter alia, 4) an overview of developments stemming from the enactment of the Small Business Liability Relief and Brownfields Revitalization Act.

As you review the newsletter and anticipate what professional activities you will work on over the coming year, please consider that the Superfund and Hazardous Waste Committee provides you not only with informative materials but also with the opportunity to participate and advance professionally. Every member of our Committee is welcome to participate in making this Committee a success. In addition to looking for articles, we are constantly searching for programs, teleconferences, and brownbag lunches that will address issues of concern to Superfund and hazardous waste practitioners. For example, we are currently working on the rough outline of a roundtable discussion planned tentatively for Spring 2003 to address the many guidance documents being issued by USEPA in response to the Small Liability Relief and Brownfields Revitalization Act. Participation can even be as simple as attending one of the Committee sponsored programs throughout the year – much of what we each gain from this Committee is the opportunity to share thoughts and concerns informally with each other at Section programs.

Over the coming months, this Committee will also be an active participant in the 32nd Annual Conference on Environmental Law in Keystone, Colorado (March 13-16, 2003), and the ABA Annual Meeting in San Francisco (Aug. 7 -13, 2003). In addition, we are currently working jointly with the In-House Counsel and the Environmental Transactions, Audits, & Brownfields Committees on developing teleconferences to address issues of concern to our members. If you wish to participate in any of these programs, in the Committee newsletter, Trends (the Section newsletter), The Year in Review (a compendium provided to all Section members), Natural Resources & Environment (the Section’s quarterly magazine), or in any activities of the Superfund and Hazardous Waste Committee please contact me (jpollock@sillscummis.com; 973/643-5251) or any of the Committee vice-chairs. We look forward to working with you over the coming year.