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American Society for Testing and Materials Adds PFAS Guidance to Phase I Due Diligence Standard

On November 1, 2021, the American Society for Testing and Materials (ASTM) approved changes to its Phase I Environmental Site Assessment (ESA) standard to include guidance on when per- and polyfluoroalkyl substances (PFAS)...more

NJDEP Settlement Does Not Bar Contribution Action For USEPA Response Costs, Says Third Circuit

On Sept. 8, in N.J. Department of Environmental Protection v. American Thermoplastics Corp., Nos. 18-2865 & 19-2243, slip op., -- F.3d -- (3d Cir. 2020), the U.S. Court of Appeals for the Third Circuit (Court of Appeals) held...more

Second Circuit Clarifies Trigger Date For CERCLA Cost Recovery Statute Of Limitations

On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more

U.S. Supreme Court Allows Landowners’ State-Law Challenge to Ongoing CERCLA Remediation

On April 20, the United States Supreme Court decided in Atlantic Richfield Co. v. Christian et al.1 that landowners can sue under state common law for restoration of their properties located within the boundaries of a...more

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