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CERCLA Liability Heats Up: EPA Designates PFAS Chemicals Hazardous Substances

The designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances will likely result in litigation over the U.S. Environmental Protection Agency’s (EPA) Comprehensive...more

New Findings May Trigger Stricter Rules for Low Dose Radiation Discharge

A new report from the National Academies of Sciences, Engineering, and Medicine (NASEM) released on June 2 suggests that radiation standards promulgated by the Environmental Protection Agency (EPA), the Department of Energy...more

Developments in EPA's Plan for PFAS Regulation

On October 18, 2021, EPA Administrator Michael S. Regan announced the agency’s PFAS Strategic Roadmap for years 2021 to 2024, detailing an expansive approach that will involve many EPA offices and regions in addressing the...more

SCOTUS Seeks to Clarify Contribution Claims under CERCLA

Last week, in its unanimous decision Guam v. United States, No. 20-382, the United States Supreme Court attempted to clarify a statutory question regarding the right to seek contribution that has been a source of uncertainty...more

Mine Cleanup Prioritized Under President Biden's American Jobs Plan

On March 31, 2021, President Biden unveiled the American Jobs Plan (the Plan), the administration’s $2.25 trillion infrastructure plan. At a speech outside Pittsburgh, President Biden described his sweeping proposal as a...more

EPA Issues Interim Guidance on PFAS Destruction and Disposal

On December 18, 2020, EPA released for public comment its new Interim Guidance on Destroying and Disposing of Certain PFAS and PFAS-Containing Materials That Are Not Consumer Products (available here). Specifically, the new...more

Recent EPA Guidance Spells Out Superfund Liability Protections Available to Local Governments

State and local governments are in a unique position when it comes to facilitating the cleanup and redevelopment of contaminated properties within their jurisdictions and can play a vital role in revitalizing neighborhoods...more

California Pushes the Environmental Envelope - Sets in Motion Stricter Vapor Intrusion Regime

California has proposed new statewide vapor intrusion guidance that will make an already aggressive approach to regulation and management even more rigorous. If the guidance in its current form is finalized, it will mean more...more

Potential Impacts of EPA's Draft Recommendations on PFAS

On April 25, 2019, the Environmental Protection Agency (EPA) released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid and Perfluorooctane Sulfonate. Perfluorooctanoic acid...more

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