News & Analysis as of

Environmental Protection Agency (EPA) Enforcement Comprehensive Environmental Response, Compensation and Liability Act

Morrison & Foerster LLP

EPA May Now Pursue PFOS and PFOA Manufacturers and Users under CERCLA

Effective as of yesterday, July 8, 2024, two widely used per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are deemed hazardous substances under the Comprehensive...more

Oberheiden P.C.

EPA Compliance in 2024: 10 Key Areas of Concern (and 5 Tips for Success)

Oberheiden P.C. on

Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more

Robinson+Cole Manufacturing Law Blog

PFOA and PFOS Are CERCLA Hazardous Substances – Now What?

EPA recently issued its long-awaited rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability...more

McGlinchey Stafford

EPA’s PFAS Enforcement Discretion and Settlement Policy Under CERCLA

McGlinchey Stafford on

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

ArentFox Schiff

EPA Updates Interim Guidance on Destruction and Disposal of PFAS Wastes

ArentFox Schiff on

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/CERCLA: U.S. Environmental Protection Agency Enforcement Discretion and Settlement Policy

Simultaneously with the prepublication of a final rule designating two of the Per- and Polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) hazardous...more

Goldberg Segalla

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

Goldberg Segalla on

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

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

Foley Hoag LLP - Environmental Law

Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?

This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Tracy, California, Cheese Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Leprino Foods Company (“LFC”) entered into a February 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

ArentFox Schiff

EPA Proposals on PFAS Compounds and Hazardous Waste May Presage Opening the Floodgates for RCRA Regulation and Enforcement

ArentFox Schiff on

On January 31, the US Environmental Protection Agency (EPA) issued two proposed rules to facilitate the targeting of PFAS. The first proposed rule would add certain per- and polyfluoroalkyl substances (PFAS) compounds to...more

Dechert LLP

PFAS: The Rising Tide of Regulatory Compliance and Litigation Risks

Dechert LLP on

EPA Strengthens Focus on PFAS - Late last month, U.S. EPA finalized a rule requiring current and historical manufacturers and importers of perfluoroalkyl substances (PFAS) and PFAS-containing materials to report on PFAS...more

Pillsbury Winthrop Shaw Pittman LLP

Applying Environmental Justice to the Regulated Community: What to Expect and How to Plan Accordingly

Though environmental justice (EJ) has been a cornerstone of the Biden Administration, it lacks federal enforcement laws. Executive orders and responses from federal agencies have shaped U.S. enforcement of EJ issues....more

Mintz

Two things about EPA's National Enforcement and Compliance Initiative for PFAS that caught my eye.

Mintz on

After less than a month on the job EPA Office of Enforcement and Compliance Assurance (OECA) Chief David Uhlmann this week released a memorandum outlining EPA's National Enforcement and Compliance Initiatives (NECIs) for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

MG+M The Law Firm

EPA Proposes to Add Environmental Justice, Climate Change and PFAS to National Enforcement and Compliance Initiatives for FY...

MG+M The Law Firm on

The Environmental Protection Agency (EPA) announced it is seeking public comment on its proposal to address environmental justice, climate change and per- and polyfluoroalkyl substances (PFAS) contamination in its National...more

Wiley Rein LLP

EPA Enforcement – How to Be Ready in 2023

Wiley Rein LLP on

The U.S. Environmental Protection Agency’s (EPA’s) enforcement office started off the year with important announcements that change the federal environmental compliance landscape. Civil penalties prescribed by environmental...more

Holland & Knight LLP

Year in Review: 2022 PFAS Regulatory Updates

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) in 2022 advanced many of its regulatory priorities laid out in its October 2021 PFAS Strategic Roadmap across multiple regulatory programs. Below are some of the highlights, many...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Owner and/or Operator of Linden, New Jersey,...

The United States Environmental Protection Agency (“EPA”) and Safety Kleen Systems, Inc. (“Safety Kleen”) entered into a September 30th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the...more

Bradley Arant Boult Cummings LLP

Earth Day Series 2022: Environmental, Social & Governance Part 1 - Evolution of Environmental Law & Regulation

On Friday, April 22, the United States and the rest of the world will recognize Earth Day 2022.  With “Invest in Our Planet” as its theme, Earth Day 2022 focuses additional attention on Environmental, Social, and Governance...more

Smith Gambrell Russell

EPA on Track to List PFAS as CERCLA, Hazardous Substances

The White House Office of Management & Budget is currently reviewing EPA’s proposal to designate two of the most common PFAS compounds (PFOA and PFOS) as “Hazardous Substances” under CERCLA. The listing effort is on track...more

Vinson & Elkins LLP

Research, Restrict, and Remediate PFAS: What to Expect Next from EPA

Vinson & Elkins LLP on

The Environmental Protection Agency (“EPA”) launched its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “Roadmap”) on October 18, 2021. EPA presents the Roadmap as a comprehensive approach outlining the...more

King & Spalding

US EPA Issues Draft Strategic Plan

King & Spalding on

Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

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