Natural Resource Damages & Environmental Justice
Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
What are PFAS and Why Should We Care?
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers...more
“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses how...more
On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
Having previously written about the importance of Prospective Purchaser Agreements when purchasing contaminated property in Oregon, I wanted to follow up with two additional and sometimes overlooked details: Although...more
Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., as a strict liability statute holding owners in the chain of title liable...more
The U.S. Navy and the Department of Justice have set a deadline of August 2024 for Camp Lejeune veterans who were diagnosed with cancer or other illnesses after serving at the marine base to file a claim and receive...more
As expected, 2023 was an expansive year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took (or at least proposed)...more
Working as part of a transactional team here at Burns & Levinson, the attorneys in the Environmental Group assist with due diligence activities and provide guidance on contractual language to document accurate representations...more
When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets Unfortunately, once title vests in an estate or...more
Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis. The article reported on the gnashing of teeth among the regulated community at...more
PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals...more
Aqueous film-forming foam (“AFFF”) is a hot topic in per- and polyfluorinated Substances (“PFAS”) litigation. AFFF is used to fight gasoline, oil, and jet fuel fires by producing an aqueous film that spreads across a fire’s...more
The New Jersey Department of Environmental Protection posted interim soil remediation standards for several per- and polyfluoroalkyl substances (collectively PFAS) to include perfluoro nonanoic acid (PFNA), perfluorooctanoic...more
Editor's Note: As of October 19, 2022, the Navy has updated its website with the following information: Claims filed with the TCU do not impact benefits or programs administered by the Department of Veterans Affairs...more
Changes to British Columbia’s Environmental Management Act (EMA) and Contaminated Sites Regulation (CSR) will introduce a new regime governing soil relocation in B.C. The changes will increase testing requirements prior to...more
The United States Environmental Protection Agency (“EPA”) recently added the following five PFAS substances to the list of risk-based Regional Screening Levels (“RSL”) for Chemical Contaminants at Superfund Sites: ...more
It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not...more
On February 22, 2022, New Hampshire AG John M. Formella announced the $25 million settlement of a suit against the Monsanto Company, Solutia Inc., and Pharmacia, LLC (collectively “Monsanto”). The suit, filed in the Superior...more
In October 2021, the United States Environmental Protection Agency (EPA) introduced its PFAS Strategic Roadmap, laying out the agency’s approach to PFAS regulation in the coming years. One of the most highly anticipated...more
On January 10, 2022, U.S. EPA forwarded to the White House Office of Management and Budget (OMB) a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous...more
On November 16, the Pennsylvania Environmental Quality Board (“EQB”) voted to approve the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed rule to set binding regulatory standards, known as maximum...more
If your organization has not already started thinking about PFAS (per- and polyfluoroalkyl substances), there's no time like the present. PFAS refers to a family of man-made, environmentally persistent chemicals (often...more
On June 11, 2021, Oregon Governor Kate Brown signed a law, HB 2377, intended to make the insurance policies of dissolved Oregon corporations and limited liability companies available to fund contaminated site cleanups. The...more
Summary - The New Jersey Department of Environmental Protection (NJDEP) finalized several major revisions to its statutory remediation standards rules (N.J.A.C. 7-26D). The revisions are highly technical and have practical...more
Minnesota announced a new “PFAS blueprint” on February 10, 2021, calling for increased regulation of the so-called “forever” chemicals through a combination of legislation and agency rulemaking....more