News & Analysis as of

Hazardous Substances Water Environmental Policies

Nossaman LLP

EPA Action on “Forever Chemicals”

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Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more

Downey Brand LLP

USEPA Requires Monitoring and Treatment to Limit and Reduce PFAS in Drinking Water

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Today, the U.S. Environmental Protection Agency (USEPA) announced the final National Primary Drinking Water Regulation establishing the first national legally enforceable drinking water standards (Maximum Contaminant Levels...more

Stinson LLP

EPA Publishes Clean Water Act "Worst-Case" Spill Rule

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On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more

Troutman Pepper

The Long-Awaited Lead and Copper Rule Improvements Have Arrived

Troutman Pepper on

On November 30, 2023, the U.S. Environmental Protection Agency (EPA) released its Proposed Lead and Copper Rule Improvements (LCRI). With this proposal, EPA aims to simplify and expand upon the 2021 Lead and Copper Rule...more

Alston & Bird

PFAS Primer Quarterly Update: 2023 Q2 – 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, the EPA addresses PFAS for CERCLA, more states ban products containing “intentionally...more

Marshall Dennehey

What to Know About the EPA’s Proposed Nationwide Drinking Water Standards for So-Called ‘Forever Chemicals’

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Key Points: EPA’s proposed rules set low limits for “Forever Chemicals” in public drinking water. The EPA anticipates finalizing these regulations by the end of 2023. Upon finalization, utilities that operate public...more

Ward and Smith, P.A.

Will I Lose My Other Benefits? The Potential Impact of a Camp Lejeune Water Contamination Claim

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It's been just almost two months since the historic Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act) was signed into law by President Joe Biden on August 10, 2022. Based on pervasive television...more

King & Spalding

S.D.N.Y. Dismisses Water System Operator's Complaint Against Manufacturer for Alleged PFAS-Related Expenses

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Earlier this month, Judge Lewis Liman dismissed a water system operator’s complaint against several companies that allegedly manufactured, sold, licensed, and/or distributed PFAS and PFAS-containing products at a wide variety...more

Nossaman LLP

EPA Announces Unregulated Contaminant Monitoring Rule 5 Final Rule Webinars

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The Environmental Protection Agency (EPA) has announced two public meetings via webinar to cover a comprehensive overview of its most recent Unregulated Contaminant Monitoring Rule ("UCMR"), UCMR 5. The two meetings will be...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

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Nossaman LLP

Water Board Issues Draft Definition of Microplastics in Drinking Water

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The California State Water Resources Control Board (“State Water Board”) recently issued a draft Definition of Microplastics in Drinking Water and an accompanying staff report....more

Nossaman LLP

State Water Board Imposes Stricter Response Levels for PFOA and PFOS

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On February 6, 2020, the California State Water Resources Control Board lowered the response levels (RLs) for perflourooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common compounds in the...more

Downey Brand LLP

PFAS Are Here: First Round of Results Show PFAS in California Drinking Water Supply Wells

Downey Brand LLP on

Results from the first phase of sampling drinking water supply wells for per- and polyfluoroalkyl substances (PFAS) were recently published by the California State Water Resources Control Board (State Water Board) and show...more

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

PFAS: New Mexico Environment Department Issues Notice of Violation to United States Air Force (Cannon Air Force Base)

The New Mexico Environment Department (“NMED”) announced in a December 4th news release that it issued a Notice of Violation (“NOV”) to the United States Air Force (“Air Force”) regarding PFAS and Poly-Fluoroalkyl Substances...more

Best Best & Krieger LLP

Preparations Underway to Regulate 1,2,3-TCP in California’s Drinking Water - State Water Resources Control Board Held Public...

In preparation for California adopting a maximum contaminant level for 1,2,3-trichloropropane in drinking water, the State Water Resources Control Board staff discussed potential reporting requirements and changes to...more

Allen Matkins

California Environmental Law & Policy Update - March 2015

Allen Matkins on

Environmental and Policy Focus: Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development: Allen Matkins - Mar 2: On March 2, the California Supreme Court issued the...more

Burr & Forman

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

Burr & Forman on

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of...more

BakerHostetler

Supreme Court Sends Strong Signal that Lower Courts Should Stop Interpreting CERCLA “in a liberal manner” and Focus on the...

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The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more

Davis Wright Tremaine LLP

Statutes of Repose Unaffected by CERCLA Requirement that State Law Incorporate Discovery Rule in Statutes of Limitation

On June 9, in CTS Corp. v. Waldburger, et al., No. 13-339, the U.S. Supreme Court held 7-2, that the Fourth Circuit erred in holding that CERCLA Section 9658 applied to the application of the North Carolina statute of repose,...more

Foley Hoag LLP - Environmental Law

Do Statutes of Repose Under CERCLA Really Require Supreme Court Review

Even Superfund lawyers are likely to find the Supreme Court’s decision yesterday in CTS Corporation v. Waldburger to be of limited interest. Unable to reach an agreement about a federal “toxic tort” cause of action, Congress...more

Polsinelli

Breaking News: SCOTUS Rules Today CERCLA Does Not Preempt State Statutes of Repose

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The United States Supreme Court today ruled that the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), enacted in 1980 to "promote the timely cleanup of hazardous waste sites," does not...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides CTS Corp. v. Waldburger

On June 9, 2014, the United States Supreme Court decided CTS Corp. v. Waldburger, No. 13-339, holding that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) does not preempt state...more

Spilman Thomas & Battle, PLLC

CG Policy on Barging of Produced Water

On October 30, 2013, the United States Coast Guard published a “Proposed Policy Letter: Carriage of Conditionally Permitted Shale Gas Extraction Waste Water in Bulk” (“Proposed Policy”) pertaining to the barging of “shale...more

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