News & Analysis as of

Hazardous Substances Groundwater Discharge of Pollutants

WilmerHale

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

WilmerHale on

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

Harris Beach PLLC on

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

Nossaman LLP on

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

Stinson LLP on

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

BCLP

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

BCLP on

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

BCLP

PFAS Update: State-by-State Groundwater Regulations - May 2023

BCLP on

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

BCLP on

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

Jenner & Block

“Silent Spring” and the Life Cycle of Emerging Contaminants

Jenner & Block on

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

Downey Brand LLP

EPA outlines key PFAS regulatory developments on the horizon

Downey Brand LLP on

During the early stages of the Biden administration, efforts to regulate per- and poly-fluoroalkyl substances, aka “PFAS,” were largely piecemeal and driven by various proposals in Congress. Last month, however, the U.S....more

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

Robinson & Cole LLP on

The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

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

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? U.S. Supreme Court Decides Maui Case

The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more

Holland & Knight LLP

More Requirements and More Uncertainty - New York PFAS Update

Holland & Knight LLP on

By way of background, in 2016 the New York State Department of Environmental Conservation (NYSDEC) listed two long-chain per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS—as hazardous substances. However, NYSDEC did...more

Robinson & Cole LLP

Courts Still Trying to Plug the Clean Water Act’s Holes: Meanwhile, Tanks, Pipes, Pits, and Other Leaking Facilities Remain...

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OVERVIEW - In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more

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