News & Analysis as of

Hazardous Substances Comprehensive Environmental Response, Compensation and Liability Act Property Owners

Greenbaum, Rowe, Smith & Davis LLP

EPA’s Designation of Two “Forever Chemicals” as Hazardous Substances Brings Potential Impacts to Manufacturers,...

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to regulate two per- and poly-fluoroalkyl substances (PFAS), perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Pillsbury - PFAS Observer

The Long Road to PFAS Regulation

In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more

Vinson & Elkins LLP

Seven More PFAS for Superfund? EPA’s Potential Designation of New Hazardous Substances Under CERCLA

Vinson & Elkins LLP on

The EPA (or “Agency”) is seeking public input and data regarding the potential future designation of seven per- and polyfluoroalkyl substances (“PFAS”) under the Comprehensive Environmental Response, Compensation, and...more

Vinson & Elkins LLP

Update for Property Purchasers: PFAS, Phase Is, and CERCLA Protections

Vinson & Elkins LLP on

In the latest development surrounding PFAS, EPA has published a direct final rule endorsing use of the newly updated ASTM E1527-21 standard for Phase I Environmental Site Assessments (“Phase Is”)...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

UB Greensfelder LLP on

Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

Williams Mullen

EPA Releases New Guidance on CERCLA Landowner Liability Protections

Williams Mullen on

EPA recently issued a guidance document (the “Guidance”) that supersedes and clarifies its 2003 guidance on what prospective purchasers of real estate must do to qualify for one of CERCLA’s three landowner liability...more

Beveridge & Diamond PC

Washington’s Model Toxics Control Act: Thirty Years and Counting

Beveridge & Diamond PC on

The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

Holland & Knight LLP

EPA Releases Updated CERCLA Common Elements Guide - Enforcement Discretion Guidance Provides Important Direction on Landowner...

Holland & Knight LLP on

• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict, joint and several, retroactive liability on property owners and operators for releases of hazardous substances. However,...more

Bradley Arant Boult Cummings LLP

CERCLA and the Superfund Task Force: The more things change, the more they stay the same? - Thomson Reuters Westlaw

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more

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

CERCLA/Superfund Action: Federal Court Addresses Owner/Operator Issue

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

Perkins Coie

Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law Liability

Perkins Coie on

In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act, RCW 70.105D (MTCA). In Pope Resources, LP v. Wash. Dept. of Natural Resources, the court...more

Williams Mullen

EPA Seeks to Add Subsurface Intrusion to CERCLA Hazard Ranking System

Williams Mullen on

The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more

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