News & Analysis as of

Hazardous Substances Enforcement Actions Environmental Protection Agency (EPA)

Perkins Coie

Two PFAS Designated as CERCLA Hazardous Substances

Perkins Coie on

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

Eversheds Sutherland (US) LLP

In long-awaited move, EPA designates two PFAS as hazardous substances and issues PFAS enforcement policy

Capping a flurry of recent activity concerning per- and polyfluoroalkyl substances (PFAS), US EPA on April 19, 2024 designated two PFAS as hazardous substances. Designations of other PFAS are likely to follow. The same day,...more

Troutman Pepper

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

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On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

Nossaman LLP

Upcoming Deadlines for Water Agencies for PFAS Settlements

Nossaman LLP on

Deadlines are upcoming related to the multi-district per- and polyfluoroalkyl substances (PFAS) litigation. The relevant settlements are with DuPont, Chemours, and Corteva (collectively, DuPont) and 3M, parties who allegedly...more

Troutman Pepper

Michigan AG Brings PFAS Lawsuit Against the Gerald R. Ford International Airport Authority

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Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to...more

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

PFAS CERCLA (Superfund) Liability: Congressional Letter Requesting Equal Treatment (Enforcement Discretion) for Privately...

Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Sterling, Kansas, Oilfield Chemical Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and JACAM Catalyst, LLC (“JACAM”) entered into a January 3rd Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Resource Conservation and...more

Fox Rothschild LLP

State Enforcement Against the Federal Government, Part 2

Fox Rothschild LLP on

Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more

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

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Allen Matkins

San Diego Developers and Owners Should be Aware of Changes in Asbestos Enforcement Behavior

Allen Matkins on

As one of 17 air districts in California, the San Diego Air Pollution Control District (SDAPCD) is responsible for the implementation and enforcement of a wide range of laws and regulations concerning air pollution within its...more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Utica, New York, Brewing Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Matt Brewing, Co., Inc. (“MBCI”) entered into a September 21st Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the regulations...more

White and Williams LLP

The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also...more

Foley & Lardner LLP

Revival of the General Duty Clause

Foley & Lardner LLP on

In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

Fox Rothschild LLP

PFAS Litigation Trends And Stats

Fox Rothschild LLP on

Please see full graphic below for more information...more

Pillsbury Winthrop Shaw Pittman LLP

EPA’s Wide-Ranging Rule on Perfluoroalkyl Substances

EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles. - EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more

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

Methanol Release/CERCLA Enforcement: U.S. Environmental Protection Agency and Adrian, Michigan Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and W2Fuel Adrian II, LLC, (“W2”) entered into an August 28 Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 103(a) of the...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Cabarrus County, North Carolina, Water and Sewer...

The United States Environmental Protection Agency (“EPA”) and Water and Sewer Authority of Cabarrus County, North Carolina (“WSACC”), entered into a February 12th Consent Agreement and Final Order (“CAFO”) addressing an...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Waseca, Minnesota, Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Birds Eye Foods, LLC (“Birds Eye”) entered into a December 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Comprehensive...more

Holland & Hart LLP

Target and Whole Foods Settle Over Hazardous Waste Mismanagement

Holland & Hart LLP on

On December 5, 2018, the Minnesota-based Target Corp. store chain settled with a coalition of California governmental entities for $7.4 million, which included enhanced environmental compliance measures and injunctive...more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Westfield, New York Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Welch Foods, Inc. (“Welch”) entered into a September 28th Consent Agreement and Final Order (“CAFO”) addressing alleged violations regarding the Clean Air Act...more

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

Air Enforcement: U.S. Environmental Protection Agency and Winchester, Kentucky Dairy Enter into Expedited Settlement Agreement

The United States Environmental Protection Agency (“EPA”) and Kroger Limited Partnership II d/b/a Winchester Farms Dairy (“Winchester”) entered into an August 14th Expedited Settlement Agreement (“ESA”) addressing alleged...more

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

112(r) Clean Air Act/Enforcement: U.S. Environmental Protection Agency and Operator of Winchester, Kentucky Cold Food Storage...

The United States Environmental Protection Agency (“EPA”) and Save-A-Lot, Ltd. (“SAL”) entered into a May 8th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air Act and the regulations...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Madison, Minnesota Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more

Holland & Knight LLP

EPA’s OIG Investigates Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule

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On March 28, 2018, the Office of the Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA) issued a Project Notification indicating its plans to begin preliminary research to evaluate the EPA’s...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

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A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

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