On May 3, 2024, the Environmental Protection Agency (EPA) published its Final Rule that amends the risk evaluation process for chemicals under the Toxic Substances Control Act (TSCA) and the steps chemical manufacturers and...more
Today, the U.S. Environmental Protection Agency (USEPA) announced the final National Primary Drinking Water Regulation establishing the first national legally enforceable drinking water standards (Maximum Contaminant Levels...more
On March 11, 2014, the Environmental Protection Agency (EPA) published in the Federal Register amendments to the Risk Management Program (RMP) rule (Final Rule). Going into effect on May 10, 2024, EPA’s Final Rule, named the...more
3/25/2024
/ Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Incident Response Plans ,
Manufacturers ,
Public Safety ,
Risk Assessment ,
Risk Management ,
Safety Standards ,
Toxic Chemicals
Last week, the U.S. Environmental Protection Agency (EPA) issued two new proposed rules, which further expand EPA’s regulatory oversight of per- and polyfluoroalkyl substances (PFAS). The first rule would modify the...more
Last week, the U.S. Environmental Protection Agency (USEPA) announced a proposed rulemaking that would establish legally enforceable federal primary Maximum Contaminant Levels (“MCLs”) for six per- and polyfluoroalkyl...more
In July 2021, Governor Gavin Newsom signed SB 158 into law, which established the Board of Environmental Safety (BES)—an agency charged with overseeing the Department of Toxic Substances Control’s (DTSC) hazardous waste...more
Late last week, the U.S. Environmental Protection Agency (U.S. EPA) moved forward to list perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) (including their salts and structural isomers) as “hazardous...more
Earlier this month, the U.S. Environmental Protection Agency (USEPA) issued new lifetime health advisories for four different types of per- and polyfluoroalkyl substances (PFAS) in drinking water. USEPA’s announcement is the...more
The State Water Resources Control Board (State Water Board) recently updated the regulated community and the public on the Board’s statewide investigation to study and sample potential sources of per- and polyfluoroalkyl...more
4/19/2022
/ Drinking Water ,
Environmental Protection Agency (EPA) ,
Investigations ,
NPDES ,
Permits ,
PFAS ,
Public Agencies ,
Public Health ,
State Water Boards ,
Toxic Chemicals ,
Wastewater
In November 2021, ASTM International published a new technical standard for the Phase I environmental site assessment (ESA) process – E1527-21. The new E1527-21 largely mirrors the previous E1527-13 ASTM standard, adopted in...more
California’s existing release reporting requirements, which are in addition to federal requirements, are viewed by many as vague and often require companies to make difficult judgment calls to determine if small spills or...more
Last week, the California State Water Resources Control Board (State Water Board) officially released an order (the Order) to investigate and sample for per- and polyfluoroalkyl substances (PFAS) at over 160 bulk fuel storage...more
3/31/2021
/ Contamination ,
Drinking Water ,
Groundwater ,
Investigations ,
PFAS ,
Public Health ,
Refineries ,
Soil ,
State Water Boards ,
Storm Water ,
Toxic Chemicals ,
Wastewater ,
Water ,
Water Supplies
The California Office of the State Fire Marshal (“OSFM”) finalized its regulations implementing Best Available Technology (“BAT”) requirements for hazardous liquid pipelines, effective October 1, 2020. The proposed...more
On July 9, 2020, the California State Water Resources Control Board (State Water Board) issued an investigative order (the Order) to sample for per- and polyfluoroalkyl substances (PFAS) at more than 250 publicly owned...more
On Monday, the U.S. Supreme Court handed down a near unanimous decision in Atlantic Richfield Co. v. Christian which involves a group of landowners’ attempt to fashion their own clean-up remedies under state law at a...more
4/22/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
On April 10, 2020, the United States Environmental Protection Agency (“USEPA”) issued Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19 (“Interim Guidance”). USEPA’s Interim Guidance applies to cleanup...more
On March 25, 2020, the U.S. Environmental Protection Agency announced its plan to consider a proposed rule that may exempt many manufacturers and importers from its new Toxic Substances Control Act (TSCA) Fees Rule... The...more
The U.S. Environmental Protection Agency’s Toxic Substances Control Act (TSCA) Fees Rule will sweep in many companies that may be unaware that they must comply. The Fees Rule requires manufacturers or importers of one or more...more
The United States Environmental Protection Agency (USEPA) recently announced two major developments regarding the agency’s efforts to address and regulate per- and polyfluoroalkyl substances (PFAS). As part of USEPA’s PFAS...more
The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more
12/3/2019
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Certiorari ,
Clean-Up Costs ,
Common Law Claims ,
Contaminated Properties ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
Preemption ,
Property Owners ,
Remediation ,
Superfund
On October 23, 2019, the Office of the State Fire Marshal (“OSFM”) issued a second 15-day notice to submit public comments on OSFM’s proposed regulations implementing Best Available Technology (“BAT”) requirements for...more
Results from the first phase of sampling drinking water supply wells for per- and polyfluoroalkyl substances (PFAS) were recently published by the California State Water Resources Control Board (State Water Board) and show...more
10/24/2019
/ Chemicals ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Testing ,
Groundwater ,
Hazardous Substances ,
OEHHA ,
Public Health ,
Regulatory Standards ,
State Water Boards ,
Toxic Chemicals ,
Utilities Sector ,
Water ,
Water Resources Control Board ,
Water Supplies
On October 1, 2019, the California Office of State Fire Marshall (“OSFM”) published additional changes to its proposed regulations implementing Best Available Technology (“BAT”) requirements for hazardous liquid pipelines....more
On August 23, 2019, the California State Water Resources Control Board (State Water Board) announced updated, and significantly lowered state notification levels for per- and polyfluoroalkyl substances (PFAS). The same day,...more
8/29/2019
/ Contamination ,
Drinking Water ,
Governor Newsom ,
Groundwater ,
Notification Requirements ,
OEHHA ,
PFAS ,
Public Health ,
Toxic Chemicals ,
Utilities Sector ,
Water ,
Water Resources Control Board
The State Water Resources Control Board (State Water Board) will have new, expansive authority to order public water systems to monitor for per- and polyfluoroalkyl substances (PFAS) under a new law, commonly referred to as...more