News & Analysis as of

RCRA Superfund

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

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

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

Foley Hoag LLP - Environmental Law

How Brown is Brown Enough? An Update on the IRA ITC Adder for Brownfield Sites

It is now almost 18 months since Congress enacted the Inflation Reduction Act. One of the IRA’s provisions was an adder to the ITC for renewable energy projects located in an “energy community”. One way to be in an energy...more

J.S. Held

The EPA’s Office of Land and Emergency Management Environmental Justice Action Plan

J.S. Held on

The Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) oversees policy and guidance for the EPA’s hazard response and waste programs. In October 2022, OLEM released its Environmental Justice...more

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

Building Up Environmental Justice in EPA's Land Protection/Cleanup Programs: U.S. Environmental Protection Agency Announces Action...

The United States Environmental Protection Agency (“EPA”) issued a document titled: EJ Action Plan – Building Up Environmental Justice in EPA’s Land protection and Cleanup Programs (September 22) (“Action Plan”)...more

Lathrop GPM

Superfund Enforcement of PFAS Moves Closer as EPA Submits Proposed Hazardous Substance Designation to OMB: Lathrop GPM

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What to Know - On January 10, 2022, EPA submitted for White House regulatory review its highly anticipated proposal to designate the two most widely studied per- and polyfluoroalkyl substances (PFAS), PFOA and PFOS, as...more

Wyrick Robbins Yates & Ponton LLP

An Environmental Primer for Lenders

 Given the current demand for downtown properties, borrowers are acquiring contaminated properties like never before. Against this backdrop, lenders should become familiar with the basics of environmental laws imposing...more

Morgan Lewis

EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work

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The updated model of the remedial design/remedial action consent decree and statement of work seeks to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in...more

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

Closed Hazardous Waste Units: U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 29th report titled: EPA Does Not Consistently Monitor Hazardous Waste Units Closed with Waste in Place or Track...more

Williams Mullen

Closure Requirements for Large Quantity Generators under the Hazardous Waste Generator Improvements Rule

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Large quantity generators (LQGs) of hazardous waste who accumulate hazardous waste for no more than 90 days know proper adherence to unit-specific and facility-wide closure requirements is an essential condition for exemption...more

Benesch

Superfund Defense That The Government Hopes You Don't Know About - Part 3

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The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability.  Over time, many companies and their legal...more

WilmerHale

COVID-19: EPA Issues Guidance for Delaying CERCLA, RCRA Site Work

WilmerHale on

Adding to the many regulatory initiatives undertaken to aid the nation’s COVID-19 response and provide enforcement relief to the regulated community, on April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued...more

Baker Donelson

EPA Releases Interim Guidance on Site Field Work Under Superfund, RCRA, and Other Programs

Baker Donelson on

On April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued a Memorandum regarding "Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19." The EPA acknowledged that response field activities...more

Seyfarth Shaw LLP

EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation

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Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more

Morgan Lewis

COVID-19: EPA Releases Interim Guidance for Cleanup Sites

Morgan Lewis on

The US Environmental Protection Agency (EPA) has released additional interim guidance for field work decisions at cleanup sites under EPA authority, emphasizing its commitment to ensuring the health and safety of the public,...more

Bilzin Sumberg

EPA Issues Guidance for Cleanups During Pandemic

Bilzin Sumberg on

On Friday, April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued interim guidance regarding when cleanup activities should be continued, reduced, or suspended in light of the COVID-19 pandemic....more

Benesch

U.S. EPA Supplements Prior COVID-19 Enforcement Discretion Guidance to Cover Sites Undergoing Cleanups

Benesch on

As Benesch previously reported, U.S. EPA issued guidance entitled, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program” on March 26, 2020. The memorandum expressed U.S. EPA’s general intention to...more

Beveridge & Diamond PC

EPA Issues Interim COVID-19 Guidance for Superfund Sites and Other Cleanup Actions

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Key Takeaways - • What Happened: On April 10, 2020, EPA issued a memo, Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19, that outlines considerations for reconciling remediation schedules with the...more

Snell & Wilmer

EPA Announces COVID-19 Interim Field Work Guidance

Snell & Wilmer on

On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for response...more

Lathrop GPM

Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19

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On April 10, 2020, the U.S. Environmental Protection Agency (EPA) released interim guidance in response to the unprecedented COVID-19 pandemic. This interim guidance was issued for response actions related to cleanup and...more

Lowenstein Sandler LLP

EPA Issues Interim Guidance for Remedial Field Work During the COVID-19 Pandemic

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On April 10, the U.S. Environmental Protection Agency (EPA) issued interim guidance to determine when, and how, to suspend field work under certain EPA programs during the ongoing COVID-19 crisis. The guidance covers response...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

Latham & Watkins LLP

EPA Will Not Require Financial Assurances From Electric Power Sector

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EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more

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

Solid and Hazardous Waste Judicial/Regulatory Developments (2018-2019): Arkansas Environmental Federation Presentation...

I undertook a presentation on April 17th at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste Judicial/Regulatory Developments: 2018 – 2019 - The discussion addressed...more

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