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Hazardous Substances Site Remediation Environmental Protection Agency (EPA)

Pillsbury Winthrop Shaw Pittman LLP

Bipartisan Legislation Presents Opportunity for Passing PFAS Laws

On September 19, the Senate Armed Services Chairman released the final Manager’s Amendment for the National Defense Authorization Act (NDAA)—signaling that it is now time for the House and Senate to negotiate this “must-pass”...more

BCLP

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Dechert LLP

EPA Designates Two PFAS as CERCLA Hazardous Substances

Dechert LLP on

U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact...more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

Lathrop GPM on

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

Verrill

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

Verrill on

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

Kohrman Jackson & Krantz LLP

Federal Brownfields Incentives Program’s Triumphant Return

On November 16, 2023, Congressman Mike Turner (R-OH-10) and Mikie Sherill (D-NJ-11) reintroduced the bipartisan Brownfields Redevelopment Tax Incentive Reauthorization Act (H.R. 6438) (BRTIRA). BRTIRA is designed to provide...more

Katten Muchin Rosenman LLP

New ASTM Standard for Phase I Environmental Site Assessments Takes Legal Effect: What This Means for Scoping Due Diligence

Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal...more

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

Technical Assistance Resources to Support the Reuse of Brownfield Sites: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2022 guidance document titled: Technical Assistance Resources to Support the Reuse of Brownfield Sites (“Guidance”)...more

BCLP

PFAS Update: 2022 Federal PFAS Regulatory Recap

BCLP on

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

Maron Marvel

NJDEP Announces PFAS Interim Guidelines

Maron Marvel on

To continue combating environmental contamination, the New Jersey Department of Environmental Protection (NJDEP) issued new regulations this week, which take immediate effect for four Per- and polyfluoroalkyl substances...more

Sheppard Mullin Richter & Hampton LLP

PFAS As Hazardous Substances: Top 5 Implications For Businesses

The U.S. Environmental Protection Agency (EPA) took an important step toward regulating PFAS (per- and poly-fluoroalkyl substances) on September 6, 2022 when it published a Notice of Federal Rulemaking to begin the process of...more

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Rule to Designate Two PFAS Chemicals as Hazardous Substances Stands to Up the Ante for Site Remediation

EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances. CERCLA hazardous substances designation would fulfill an important...more

J.S. Held

Environmental Considerations In The Claims Process

J.S. Held on

Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more

Holland & Knight LLP

Infrastructure Investment and Jobs Act Revitalizes Superfund Tax on Chemicals

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The Infrastructure Investment and Jobs Act (IIJA), signed by President Joe Biden on Nov. 15, 2021, revives an excise tax last effective in 1995 on the sale or use of 42 identified chemicals as well as certain substances...more

BCLP

PFAS Update: Significant Expansion of PFAS Regulation Under RCRA

BCLP on

In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more

Nossaman LLP

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

Nossaman LLP on

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

Sullivan & Worcester

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

Sullivan & Worcester on

Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About - Part 1

Benesch on

With its imposition of strict, joint and several, and retroactive liability, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund statute, has raised...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

Lathrop GPM on

On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more

McGlinchey Stafford

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on

On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more

(ACOEL) | American College of Environmental...

When Does “Responsible” Mean Never Having To Say You’re Sorry To CERCLA?

Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more

Holland & Knight LLP

Fifteen States and State Associations Comment on EPA’s Draft PFAS Guidance

Holland & Knight LLP on

In the latest development in the federal government's efforts to develop a framework for addressing groundwater contaminated with perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS), the United States...more

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