News & Analysis as of

Hazardous Substances Groundwater Contamination

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

WilmerHale

PFAS Milestones: EPA Sets Drinking Water Standard, Labels Two Compounds Hazardous Substances

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The Environmental Protection Agency’s (EPA) recent rulemakings for per- and polyfluoroalkyl substances (PFAS) have far-reaching implications for a broad range of industries, regulated entities, and regulatory bodies. First,...more

Burns & Levinson LLP

Implications of PFAS Drinking Water Standards On Drinking Water Plants Operated Under P3 Agreements

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Much has been written, including in our Burns & Levinson Legal Terrain Blog, about the impact of PFAS and similar “forever chemicals” on suits by state attorneys general and private actions to obtain funds or obtain insurance...more

Harris Beach PLLC

EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

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On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more

Foley Hoag LLP - Environmental Law

EPA Designates PFAS as Hazardous Substances; EPA Is More Confident Than I Am that the Sky Isn't Fall

Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with...more

Jones Day

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

Jones Day on

On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more

Nossaman LLP

EPA Designates Two PFAS as Hazardous Substances Under CERCLA | Part I: Impacts on Potentially Responsible Parties

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On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more

Stinson LLP

EPA Finalizes Groundbreaking Rule to Regulate Two PFAS under CERCLA

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On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more

Troutman Pepper

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

Troutman Pepper on

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

BCLP

PFAS in Groundwater: State-by-State Regulations - October 2023

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In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more

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

Hazardous Substance Enforcement: Washington D.C. Attorney General and Potomac Electric Power Company Enter into Amended Consent...

The Attorney General for the District of Columbia (“AG”) and Potomac Electric Power Company (“Pepco”) entered into a First Amendment to Consent Decree (“Amended Decree”) addressing alleged releases of hazardous substances....more

Burns & Levinson LLP

PFAS – Promising Developments

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We have probably already read (and written) too much about the challenges of dealing with “forever chemicals” in drinking water and wastewater treatment.  However, recent developments hold some hope for addressing forever...more

Foley Hoag LLP - Environmental Law

EPA Proposes Safe Drinking Water Act Standards for PFAS: Forever Chemicals Will Lead to Forever Superfund Sites

On March 14, 2023, EPA proposed to regulate certain PFAS under the Safe Drinking Water Act.  EPA proposed Maximum Contaminant Level Goals for PFOA and PFOS of zero.  It proposed Maximum Contaminant Levels for PFOA and PFOS of...more

Goldberg Segalla

What We Know – and Might Never Know – about the East Palestine, Ohio, Train Derailment

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A few hours after dinner time on Feb. 3, and approximately 20 miles following a dramatic slow-down from a speed of 50 miles per hour to about half that, a Norfolk Southern freight train consisting of 38 cars – 11 of which...more

Integral Consulting Inc.

Firefighter Training Facilities Need to Address Potential PFAS Issue

Aqueous film forming foam (AFFF) that contain PFAS was, and in some cases still is, an effective tool for fighting fires used by the military and local firefighters to contain and control fuel-fed fires....more

Beveridge & Diamond PC

Washington State Issues Draft Guidance for PFAS Investigation and Remediation

In mid-December 2022, the Washington Department of Ecology (Ecology) released Draft Guidance for Investigating and Remediating PFAS Contamination in Washington State. The Draft Guidance would apply to independent...more

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

Underground Storage Tank Performance Measures for All States/Territories/Tribes: U.S. Environmental Protection Agency Semiannual...

The United States Environmental Protection Agency (“EPA”) published a report titled: Semiannual Report of UST Performance Measures - End of Fiscal Yar 2022 (October 1, 2021 – September 30, 2022) (“Report”)...more

BCLP

1,4-Dioxane State Groundwater Regulations

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There is no federal drinking water standard for 1,4-dioxane, but as illustrated by a recent press release for the Industrial Excess Landfill Superfund Site in Ohio, the U.S. Environmental Protection Agency (EPA) and state...more

BCLP

1,4-Dioxane: The Latest Emerging Vapor Intrusion Issue

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1,4-Dioxane is an emerging contaminant.  Like “traditional” volatile organic compounds, it has the potential to volatilize and enter indoor air. This article explores why businesses should consider conducting a VI assessment...more

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

National Priorities List/Superfund: District of Columbia Circuit Court of Appeals Addresses Challenge to U.S. Environmental...

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a July 18th decision a challenge to a Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”) National...more

Brownstein Hyatt Farber Schreck

Health Advisories and Funding for Forever Chemicals: PFAS Updates from the EPA

Today, the Environmental Protection Agency (EPA) released four health advisories for the group of contaminants regularly referred to as “forever chemicals”—perfluoroalkyl and polyfluoroalkyl substances (PFAS). Specifically,...more

Farella Braun + Martel LLP

Summary of Latest Federal Action Regarding PFAS

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more

Jenner & Block

“Silent Spring” and the Life Cycle of Emerging Contaminants

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On the 60th anniversary of the publication of Rachel Carlson’s groundbreaking book “Silent Spring”, the world continues to struggle to manage the human health and environmental risks associated with newly discovered emerging...more

BCLP

PFAS Update: State Regulation of PFAS in Firefighting Foam and Equipment

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33 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’ clothing...more

Faegre Drinker Biddle & Reath LLP

EPA Proposes First Hazardous Substance Designation for Two PFAS Chemicals

The Environmental Protection Agency (EPA) is kicking off 2022 — a year expected to be particularly active for the regulation of per- and poly-fluoroalkyl substances (PFAS) — by moving forward with one of the agency’s keystone...more

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