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DOI Seeks Comments on Proposal to Expand Natural Resource Damage Assessment Procedures

The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more

EPA Proposes New Enforcement Initiative for PFAS

The notice is another step in EPA’s PFAS Strategic Roadmap and emphasizes potential CERCLA enforcement. On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments on its...more

EPA Announces Near Zero Drinking Water Health Advisories for Certain PFAS Chemicals

The record-low health advisories form part of the EPA’s 2021 PFAS Strategic Roadmap, which forecasts further regulatory action at both state and federal levels. On June 15, 2022, the United States Environmental...more

Treatment of PFAS Under New Phase I Environmental Site Assessment Standards Highlights Transactional Risk

A revised standard highlights the need for parties to consider non-scope considerations when conducting environmental assessments for transactions. By Kegan A. Brown, David S. Langer, Thomas C. Pearce, and G. Jack Mathews...more

US Supreme Court Decision May Affect NRD Trusteeship Determinations

The decision could complicate states’ ability to pursue groundwater natural resource damages actions. On November 22, 2021, the US Supreme Court held that equitable apportionment applies to a dispute between states about...more

Environmental Compliance and COVID-19 – 5 Questions for Companies to Consider

Companies should stay abreast of fast-moving changes to federal, state, and local regulatory stay-at-home orders and compliance guidance. While the most important consequences of the COVID-19 pandemic are undoubtedly the...more

Update: EPA’s Issues Final Rule on ASTM E1527-13 Standard for “All Appropriate Inquiries”

EPA reversal on continued acceptance of ASTM E1527-05 modifies rules for CERCLA defenses and redefines baseline for environmental diligence. On December 30, 2013, the US Environmental Protection Agency (EPA) published...more

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