News & Analysis as of

Environmental Protection Agency (EPA) Enforcement Hazardous Substances

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

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

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

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

Air Enforcement: U.S. Environmental Protection Agency and Taunton, Massachusetts, Ethylene Oxide Sterilization Facility Enter into...

The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See...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

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Portage, Indiana, Water Company Enter into Consent Agreement...

The United States Environmental Protection Agency (“EPA”) and Indiana- American Water Company, Inc. (“IAWC”) entered into an August 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

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

Waters of the United States/Clean Water Act: United States District Court Judge (Southern District of Texas) Enjoins Enforcement...

United States District Judge (Southern District of Texas) Jeffrey Vincent Brown (“Court”) issued a March 19th Memorandum Opinion and Order Granting Preliminary Injunction (“Order”) addressing a challenge to a final rule...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

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Middlesboro, Kentucky, Food Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Smithfield Packaged Meats Corporation (“Smithfield”) entered into an August 30th Consent Agreement (“CA”) addressing alleged violations of the regulations...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

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

Williams Mullen on

In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more

Pillsbury Winthrop Shaw Pittman LLP

Risky Business: EPA Plans Enhanced Enforcement Focus on Chemical Safety

EPA has made reducing the risk of accidental releases of hazardous chemicals at industrial and chemical facilities one of its top enforcement priorities for 2017 to 2019. This increased enforcement focus on industrial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EPA Releases 2012 Enforcement Results

Under the headline “EPA Enforcement in 2012 Protects Communities from Harmful Pollution,” the U.S. Environmental Protection Agency (EPA) on December 17, 2012, released its annual report of enforcement activities for the 2012...more

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