PFAS in Focus: Forever-Engineering With Trent Stober, HDR - Reflections on Water Podcast
On-Demand Webinar | Flood or Drought? A Discussion of the Election’s Potential Legislative Impacts on the Water Sector
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Water Rights with Eric Garner: Prescriptive Rights
Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
“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 January 10, 2022, the U.S. Environmental Protection Agency (“EPA”) submitted a proposed rule to the White House Office of Management and Budget (“OMB”) to designate perfluorooctanoic acid (“PFOA”) and...more
Per- and Polyfluoroalkyl Substances (PFAS) are a broad category of man-made chemicals that have been manufactured since the 1940s and have been used in a variety of products for their heat- and stain-resistance, including...more
Two related cases recently filed in the District of South Carolina federal court exemplify an upcoming area of potential liability related to Per- and Polyfluoroalkyl Substances, commonly known as “PFAS”. ...more
On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more
On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more
The proposal marks another instance of EPA follow-through on its 2019 PFAS Action Plan. The SDWA requires EPA to make regulatory determinations every five years based on whether chemicals in public water systems pose a...more
On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more
Guidance Increases Uncertainty for Restoring Brownfields - The long-awaited CalEPA guidance for screening and evaluating vapor intrusion has been issued as a draft for public comment. This state-wide guidance, jointly...more
Information about PFAS compounds in California is literally exploding, with additional contamination sites identified almost daily, while the science and legal environments surrounding these “forever chemicals” also see...more
Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...more
Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more
Last week, Law360 reported on a hearing that occurred in the Federal District Court for Eastern Pennsylvania before Judge Gerald Pappert concerning PFAS. The hearing concerned a motion to dismiss brought by the United States...more
Despite extensive negotiation, insufficient bipartisan support was garnered to obtain inclusion of robust PFAS provisions in Congressional year-end spending legislation. Initially, there was some expectation that U.S. EPA...more
EPA is moving forward on the drinking water component of its PFAS Action Plan by requesting the Office of Management to review its proposed regulatory determinations for two types of PFAS. This is a definite step toward...more
On April 25, 2019, the U.S. Environmental Protection Agency (“EPA”) published its Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS (the “Interim Recommendations”) and received 373 comments...more
A new environmental issue could have a major impact on airports. The Florida Department of Environmental Protection (FDEP) is in the process of performing investigations at a number of federal, state, and local facilities...more
Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more
As in previous postings, we discuss recent state regulatory initiatives aimed at addressing groundwater and drinking water contamination by per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals...more
MassDEP proposed groundwater cleanup standards for PFAS significantly lower than the federal health advisory as part of its long-expected proposed revisions to Massachusetts’ regulations governing the assessment and cleanup...more
Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more
A United States District Court (Eastern District of California) addressed in a June 27th decision an issue involving the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) terms “Owner” and...more
On June 19, 2018, the Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup (BWSC) issued its Interim Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the...more
The United States Court of Appeals for the District of Columbia (“Court”) overturned a determination by the United States Environmental Protection Agency (“EPA”). See Genuine Parts Co. v. EPA, No. 16-1416, 2018 WL 2271086...more
Demonstrating the importance of timely service of process in complex environmental cases, a federal court in Ohio dismissed CERCLA natural resource damages claims and related state statutory actions for the state’s failure to...more