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EPA’s PFAS Enforcement Discretion and Settlement Policy Under CERCLA

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous...more

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more

ASTM’s 2021 Standard Soon to be Referenced in EPA’s All Appropriate Inquiries (AAI) Rule

In November, 2021, the American Standard for Testing and Materials (ASTM) published its E1527-21 (-21 Standard), its 2021 update to its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

The Maui “Functional Equivalent” Point Source Test

On April 23, 2020, the United States Supreme Court issued its opinion in County of Maui v. Hawaii Wildlife Fund, 590 U. S. ____ (2020), holding that, when pollutants originate from a point source, but are conveyed to...more

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