News & Analysis as of

Remediation

Ankura

Remediation Happens: How To Identify, Mitigate and Resolve Related Risks

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Remediation occurs for a host of reasons. You may identify remediation risk from internal activities (e.g., an audit, a control break) or external activities (e.g., a complaint, a regulatory exam, a lawsuit). Sometimes a...more

Goldberg Segalla

New Jersey Proposal Transitions PFAS Criteria to Enforceable Remediation Standards

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In March, the New Jersey Department of Environmental Protection (NJDEP) proposed to formally add GenX, PFNA, PFOA, PFOS — all PFAS compounds — and methanol to the list of regulated contaminants under various statutes. This...more

Saiber LLC

New Jersey Supreme Court Affirms DEP’s Discretion to Rescind Remediation In Progress Waivers, Underscoring Environmental...

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In a unanimous decision issued on April 7, 2025 in In re Appeal of the N.J. Dep’t of Environmental Protection’s Denial of Request for Adjudicatory Hearing, the New Jersey Supreme Court held that the Department of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CFTC Unveils Replacement Penalty Mitigation Policy Focused on Self-Reporting, Cooperation, and Remediation

The Commodity Futures Trading Commission (CFTC), an independent U.S. government agency that regulates the U.S. derivatives markets, including futures, options, and swaps, has announced a new policy for mitigating potential...more

BakerHostetler

The CFTC Announces a New System To Incentivize Self-Reporting, Cooperation, and Remediation

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On February 25, 2025, the CFTC released an Enforcement Advisory on Self-Reporting, Cooperation, and Remediation, introducing metrics the Division will use to evaluate a company’s or individual’s conduct before and leading up...more

Jones Day

New CFTC Cooperation, Self-Reporting, and Remediation Enforcement Advisory Introduces Major Changes

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The Commodity Futures Trading Commission's ("CFTC") new enforcement advisory introduces several major changes in policy and a matrix helping those facing potential or actual CFTC investigations quantify the extent to which...more

Bracewell LLP

The CFTC’s New Advisory on Self-Reporting, Cooperation and Remediation

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In an advisory announced February 25, 2025, the Division of Enforcement of the Commodity Futures Trading Commission (CFTC or Commission) announced a new regime for assessing cooperation credit in determining fines in the...more

Nelson Mullins Riley & Scarborough LLP

“Free your mind!” — Understanding the CFTC’s New Mitigation Credit Matrix

The Commodity Futures Trading Commission (CFTC) recently issued a significant Enforcement Advisory detailing how companies and individuals can earn Mitigation Credit....more

Husch Blackwell LLP

CFTC Enforcement Division Releases Mitigation Credit Matrix for Self-Reporting, Cooperation, and Remediation

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On February 25, 2025, the Commodity Futures Trading Commission (CFTC) signaled a shift in its enforcement approach by releasing new guidance on the role self-reporting and cooperation play in its assessment of penalties. The...more

Mitratech Holdings, Inc

How to Automate Vendor Risk Management

Learn how automating third-party risk management (TPRM) can enhance efficiency, security, and compliance and help businesses proactively address vendor risks....more

Baker Botts L.L.P.

CFTC Issues Enforcement Advisory Adopting New Approach for Consideration of Self-Reporting, Cooperation, and Remediation

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On February 25th, the Commodity Futures Trading Commission (CFTC or Commission) adopted a new approach for how the Division of Enforcement (Division) will assess self-reporting, cooperation, and remediation efforts when...more

Mandelbaum Barrett PC

Proposed NJDEP Rule Changes Could Disrupt Commercial Real Estate Transactions

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The New Jersey Department of Environmental Protection (NJDEP) is considering significant amendments to its site remediation regulations, which could have major consequences for commercial real estate transactions in New...more

Davis Wright Tremaine LLP

Armed Services Board of Contract Appeals Restrictively Interprets Standard Government Release Language

The ASBCA restrictively interpreted standard release language in a government modification. In the Sauer Construction case, ambiguous release language couldn't bar a remediation claim, highlighting the need for clear...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Announces New Enforcement Advisory on Self-Reporting, Cooperation and Remediation

On February 25, 2025, the Division of Enforcement of the Commodity Futures Trading Commission (CFTC or the Commission) issued an advisory to Division staff on how to evaluate self-reporting, cooperation and remediation credit...more

Troutman Pepper Locke

NJDEP Heightens the Hurdle to Achieve Closure of Groundwater Remediation Cases

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Effective February 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) adopted amendments to the Ground Water Quality Standards (GWQS), N.J.A.C. 7:9C. The amendments updated the groundwater quality criteria...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s Newly Adopted Amendments to Ground Water Quality Standards Will Significantly Impact Ongoing Remediation Projects in New...

The New Jersey Department of Environmental Protection (NJDEP) has amended the Ground Water Quality Standards (GWQS), effective on February 3, 2025. The rule, as adopted, does not differ substantially from the January 2024...more

BCLP

Building Safety Act: Application of the “just and Equitable” Test for Remediation Contribution Orders

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Section 124 of the Building Safety Act allows the First Tier Tribunal to make remediation contribution orders (“RCOs”) where it considers it “just and equitable” to do so....more

Bond Schoeneck & King PLLC

NJDEP Amends Ground Water Quality and Remediation Standards

On Feb. 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) amended the Ground Water Quality Standards (GWQS) promulgated at N.J.A.C.7:9C, significantly changing the ground water quality criteria and/or...more

BCLP

PFAS in Soil: State Regulations - Updated February 2024

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In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more

Womble Bond Dickinson

Breaking Down the Good Samaritan Act: What It Means for Hardrock Mine Remediation

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In December 2024, the Good Samaritan Remediation of Abandoned Hardrock Mines Act became law. Lauded by the National Mining Association as “the final step in securing a key solution to tackle the long-overdue cleanup of legacy...more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

MG+M The Law Firm

Miscalculated Estimates: The Imminent Financial Burden of EPA's 2024 PFAS Maximum Contaminant Levels

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Per- and polyfluoroalkyl substances (PFAS) are synthetic chemicals used in a wide range of consumer products since 1947, known for their strong carbon-fluorine bonds. These bonds make PFAS resistant to breakdown, earning them...more

BCLP

Briefcase 2024 Quarter 4: Key Real Estate Cases and Updates

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Case 1: AP Wireless II (UK) Ltd v On Tower UK Ltd - In a landmark judgment, the Upper Tribunal considers the lease/licence distinction, clarifying exclusive possession, term certain and contractual interpretation in the...more

Holland & Hart LLP

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

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On December 17, 2024, President Biden signed into law the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (Public Law No. 118-155) (the “Act”). The Act is a response to ongoing environmental...more

NAVEX

Florida Whistleblower Case Offers Wider Cultural Lessons for Employers

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If an employee files a whistleblower complaint against their employer, should that employee be required to show “actual” knowledge of a violation, or should a “good faith, reasonable belief” showing suffice? Not all courts...more

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