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ASTM's Proposed Definition of CREC May Jeopardize Landowner Liability Protections Under CERCLA

ASTM International (ASTM) has proposed redefining a Controlled Recognized Environmental Condition (CREC). The ASTM's definition, as drafted, confuses risk-based decision-making with the implementation of institutional...more

EPA Clarifies Superfund Liability Protections for State and Local Governments

The U.S. Environmental Protection Agency (EPA) issued important guidance (EPA's Guidance) on June 15, 2020, clarifying the recently amended exemption of state and local governments from the definition of an "owner"...more

Supreme Court's Decision in Atlantic Richfield: Tip of the Iceberg or Tempest in a Teapot?

In Atlantic Richfield Company v. Christian, a decision issued on April 20, 2020, the U.S. Supreme Court decided that state courts may hear state common law claims seeking to compel remediation beyond what the U.S....more

LIFT America Act Includes Proposed PFAS and Brownfields Remediation Grants

The Leading Infrastructure For Tomorrow's America Act (LIFT America Act or the Act), H.R. 2741 – 116th Congress, was introduced by Rep. Frank Pallone Jr. (D-N.J.) on May 15, 2019. The House Committee on Energy and Commerce is...more

EPA Revised Guidance Encourages Renewable Energy and Other Industry Development on Contaminated Properties

On December 5, 2012, the U.S. Environmental Protection Agency (EPA) issued revised guidance regarding whether lessees of contaminated or formerly contaminated property may claim protection from liability under the...more

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