News & Analysis as of

RCRA Comprehensive Environmental Response, Compensation and Liability Act Contamination

Foley & Lardner LLP

2024 Has Been a Big Year for EPA with Significant Implications for Manufacturers as EPA Executes on its PFAS Strategic Roadmap  

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In 2021 the Environmental Protection Agency (“EPA”) issued its strategic roadmap to address a broad group of thousands of manmade chemicals known as per- and polyfluoroalkyl substances (“PFAS”), pledging to use “every tool in...more

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

White & Case LLP

US EPA lists two PFAS aka “forever chemicals” as Hazardous Substances under CERCLA

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On April 19, 2024, the US Environmental Protection Agency (“US EPA”) announced its final rule designating two per- and polyfluoroalkyl substances (“PFAS”), namely perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

Lowenstein Sandler LLP

Without Actual Collection of Damages, Mere CERCLA Liability Not Barred as Double Recovery, Says Ninth Circuit Ground Water Quality...

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On April 15, in Santa Clarita Valley Water Agency v. Whittaker Corp., et al., No. 22-55727, slip op., -- F.4th – (9th Cir. 2024) (SCVWA), the U.S. Court of Appeals for the Ninth Circuit (Court of Appeals) held that in a...more

Best Best & Krieger LLP

U.S. Environmental Protection Agency Designates Two PFAS Chemicals as Hazardous Substances Under Superfund

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) issued a regulation designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and isomers, as hazardous substances...more

Best Best & Krieger LLP

U.S. Environmental Protection Agency Finalizes New Drinking Water Regulations for Six PFAS Chemicals

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) issued final new national primary drinking water regulations for six per- and polyfluroralkyl substances (PFAS). The regulations impose Maximum Contaminant...more

Vinson & Elkins LLP

EPA Proposes Rules to Expand its PFAS Authority Under RCRA

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On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource...more

Latham & Watkins LLP

EPA Proposes New RCRA Rules With Significant Compliance Obligations

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The proposed rules would expand the RCRA Corrective Action regime to PFAS and potentially other emerging contaminants. They may complicate ongoing compliance efforts as well as lead to significant value chain impacts....more

Jones Day

EPA Proposes New Set of Rules to Regulate PFAS Under RCRA

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On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more

Robinson+Cole Environmental Law +

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more

Beveridge & Diamond PC

EPA Proposes Cleanup Authority Expansion Under RCRA for PFAS and Other Emerging Contaminants

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On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at...more

Davis Wright Tremaine LLP

Hazardous Waste Facilities Beware: PFAS Soon to Be Regulated Under RCRA

On January 31, 2024, the Environmental Protection Agency ("EPA") proposed two new rules that would add nine per- and polyfluoroalkyl compounds (known as "PFAS") to its list of hazardous constituents regulated under the...more

Nossaman LLP

EPA Takes Next Step in PFAS Regulations – Proposing Adding Nine PFAS as Hazardous Constituents

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On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery...more

Goldberg Segalla

Leading with Lead: EPA to Implement Strategy for Lead in 2024

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The U.S. Environmental Protection Agency kicked off the New Year by strengthening its guidance for investigating and cleaning up lead-contaminated soil at residential properties, especially in areas where children live and...more

Morgan Lewis

New EPA Guidance Cuts Prior Residential Soil Lead Levels in Half

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The US Environmental Protection Agency (EPA) recently lowered the recommended regional screening level (RSL) and regional removal management level (RML) for lead-contaminated soil in areas where children live and play from...more

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

Lead Contaminated Soil/Residential Sites: U.S. Environmental Protection Agency Lowers Recommended Screening Levels

The United States Environmental Protection Agency (“EPA”) announced that it is lowering recommended screening levels for assessing and remediating lead-contaminated soil in residential areas. The recommended screening...more

Miller Nash LLP

EPA Issues New HAL for Four Commonly Used PFAS

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After months of speculation, on June 15, 2022, EPA issued its drinking water health advisory for four commonly used PFAS: PFOA, PFOS, GenX, and PFBS. EPA’s drinking water health advisories provide information on the levels of...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

Foley & Lardner LLP

Incoming Impacts to Industry: EPA Announces PFAS Strategic Roadmap

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On October 18, 2021, the U.S. Environmental Protection Agency (“EPA”) released its PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (the “PFAS Roadmap”). This widely anticipated plan further expands EPA’s...more

Robinson+Cole Environmental Law +

Four PFAS May Be Designated RCRA Hazardous Wastes

On October 26, 2021, the U.S. EPA announced it will initiate two rulemakings that will take significant steps to address PFAS contamination across the country. The first rulemaking will designate four of the so-called...more

Buchalter

EPA Announces Comprehensive PFAS Strategic Roadmap

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EPA released its plan for actions to address PFAS contamination on October 18, 2021. This is an aggressive and wide-sweeping plan that reaches across multiple statutory authorities. Much of the Roadmap will require regulatory...more

Husch Blackwell LLP

PFAS – Regulation Is Upon Us

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On January 14, 2021, on the eve of President Biden’s inauguration, EPA issued an advance notice of proposed rulemaking, seeking comment on whether PFOA and PFOS should be regulated under the Comprehensive Environmental...more

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

Prospective Purchaser Agreement: U.S. Environmental Protection Agency Public Notices Settlement Addressing Danville, Illinois Site

The United States Environmental Agency (“EPA”) public noticed in the April 10th Federal Register a proposed Prospective Purchaser Agreement (“PPA”). See 85 Fed. Reg. 20266. The PPA concerns the Danville Central Foundry...more

Farella Braun + Martel LLP

Perfluorinated Compounds: No Longer an Emerging Contaminant

Lawsuits present major liability risks to PFAS manufacturers and industries that historically used PFAS in their operations. Per- and polyfluoroalkyl chemicals (PFAS) are synthetic, human-made compounds that were...more

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

PFOA/PFOS: U.S. Environmental Protection Agency Interim Recommendations

The United States Environmental Protection Agency (“EPA”) issued a memorandum on December 19th titled: Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid and/or...more

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