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EPA Reopens Pandora’s Box with CERCLA Designations of PFOA & PFOS; Seeks to Minimize Apprehension with Enforcement Policy

As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response,...more

Motion for Final Approval of DuPont Class Settlement Granted

Background - An MDL was formed in South Carolina in 2018 to litigate allegations of PFAS contamination from the use of specific PFAS-containing Aqueous Film-Forming Foam (AFFF MDL). In the past year, two defendants —...more

Microplastics: Nurdle Law and Regulation Update

Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more

PFAS Alert: Chemours, DuPont and Corteva Reach Landmark Water District Settlement in MDL

KEY TAKEAWAYS - Dupont, Chemours and Corteva chemical companies have reached a deal with water companies nationwide worth more than $1.1 billion. The agreement aims to settle drinking-water claims related to per- and...more

Supreme Court Dramatically Redefines the Clean Water Act

Key Takeaways - May 25 SCOTUS decision significantly curtails the power of  the EPA to regulate wetlands - Majority determines that navigable waters regulated by  the EPA do not include many previously regulated...more

PFAS ALERT: The Arrival of Increased Regulation in Composting

Composting has long been viewed as an important tool for sustainability with benefits for the environment as it has reduced the amount of waste incinerated or sent to landfills. Since the 1920s, municipal biosolids, or...more

Pandora’s Reopener Box: Lying in Wait when PFAS Compounds Become “Hazardous Substances” under CERCLA

The U.S. EPA published its PFAS Strategic Roadmapbooklet in October 2021 and, true to its word, has come very close to meeting most of its self-imposed deadlines to tackle the truly difficult environmental- and human-health...more

Supreme Court Reins In Federal Agency’s Power to Regulate Plant Emissions in Ruling with Far-Reaching Implications

The Supreme Court has ruled the federal Clean Air Act does not grant the Environmental Protection Agency authority to act without Congress when capping plant emissions through measures such as “generation shifting” — i.e....more

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