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McGuireWoods LLP

Contaminants Compass: September 2024 Edition

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“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

K&L Gates LLP

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

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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

Miller Nash LLP

Prospective Purchaser Agreements: Lessees and Subsequent Owners and Operators

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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

BCLP

2023 Federal PFAS Regulatory Recap

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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

Alston & Bird

PFAS Primer Quarterly Update: 2023 Q4 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more...more

Verrill

Greening the Deal: Environmental Due Diligence for Corporate and Real Estate Transactions

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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

Verrill

A Toolkit for Evaluating Climate Change Impacts to Chapter 21E Sites Under the Amendments to the Massachusetts Contingency Plan

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On September 1, 2023, MassDEP issued final amendments to the Massachusetts Contingency Plan (“MCP”), the regulations governing the cleanup of releases of hazardous material  and oil spills at contaminated properties. The MCP...more

Foley Hoag LLP - Environmental Law

What Will Be the Real Consequences of an EPA Decision to List PFAS as Hazardous Substances Under CERCLA?

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

Steptoe & Johnson PLLC

PFAS/Emerging Contaminants Handbook

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

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

Goldberg Segalla

Pandora’s Reopener Box: Lying in Wait when PFAS Compounds Become “Hazardous Substances” under CERCLA

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The U.S. EPA published its PFAS Strategic Roadmapbooklet in October 2021 and, true to its word, has come very close to meeting most of its self-imposed deadlines to tackle the truly difficult environmental- and human-health...more

Verrill

U.S. Environmental Protection Agency Proposes National Drinking Water Standard for Six PFAS Compounds

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On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced a proposed National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (“PFAS”). PFAS are a category of...more

Maron Marvel

A Quick Update About AFFF

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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

BCLP

PFAS Update: 2022 Federal PFAS Regulatory Recap

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As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more

MG+M The Law Firm

Challenges of Applying Superfund Law to PFAS

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In September 2022, the US Environmental Protection Agency (EPA) proposed the designation of two per- and poly-fluoroalkyl substances (PFAS) as hazardous chemicals under the Comprehensive Environmental Responses, Compensation,...more

BCLP

PFAS Update: State Regulation of PFAS in Firefighting Foam and Equipment, November 2022

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Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

WilmerHale

Potential Impacts Of The EPA's Designation Of PFAS As Hazardous Substances

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Designation of PFAS as Hazardous Substances - On September 6, 2022, the Environmental Protection Agency (EPA) designated two per- and polyfluoroalkyl substances (collectively, PFAS) as “hazardous substances” under the...more

Morgan Lewis

The Wait Is Over: EPA Proposes Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

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In the first designation of its kind, the US Environmental Protection Agency (EPA) released a pre-publication proposed rule on August 26, 2022, designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Allen Matkins

California Environmental Law & Policy Update - April 2022 #2

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Supreme Court reinstates Trump-era water rule, for now Bullet Associated Press - April 6 The Supreme Court this Wednesday reinstated a Trump-era rule curtailing the power of states and Native American tribes to block...more

Maron Marvel

U.S. EPA Takes Significant Step to Designate PFAS as CERCLA Hazardous Substance

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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

Jenner & Block

PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances

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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

Husch Blackwell LLP

The EPA’s PFAS Strategic Roadmap Indicates Considerable New Regulations are Imminent.

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On October 18, 2021, the U.S. Environmental Protection Agency (“EPA”) issued its highly anticipated PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, setting forth a three-year multi-agency strategy to address...more

Stinson LLP

Now is the Time to Evaluate PFAS Liability

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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

Kilpatrick

CERCLA – One Potential Landing Spot for Regulation of PFAS

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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

Nossaman LLP

Podcast: CERCLA at 40: The Monster That Often Eats the Village

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Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began...more

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