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Bona Fide Prospective Purchaser Escapes CERCLA Liability

The owners of a shipyard sued a prior owner and the current owner of an adjacent former steel mill property in Baltimore, Maryland for recovery of cleanup costs under the Comprehensive Environmental Response, Compensation,...more

EPA Reconsidering Obama-Era Water Quality Standards It Set for Maine

On May 12, 2017, Maine’s U.S. District Court granted a request by the U.S. Environmental Protection Agency (“EPA”) for a 90-day stay in a suit by the State of Maine challenging EPA’s efforts to impose stricter water quality...more

Court Finds Consultant Not Liable to Prospective Purchaser Regarding ESA Performed for Lender

A California appeals court ruled on February 8, 2017 (Mao v. PIERS Envtl. Servs., Inc., 2017 BL 37928, No. H041214, Cal. App. 6th) that an environmental consultant had no duty to a prospective purchaser of contaminated...more

U.S. EPA Chooses Flexible Approach to Stormwater General Permit for Small Communities

The U.S. Environmental Protection Agency (EPA) is issuing a final rule revising the regulations governing how small municipal separate storm sewer systems (MS4s) obtain coverage under National Pollutant Discharge Elimination...more

Vapor Intrusion: EPA is Sharpening Its Focus

On December 8, 2016, the U.S. Environmental Protection Agency (EPA) announced that the ranking system designed to assess potential Superfund sites will now include evaluation criteria related to contamination threats posed by...more

U.S. EPA Issues Final Storm Sewer General Permit for 260 Massachusetts Municipalities

On April 13, 2016, the U.S. Environmental Protection Agency (EPA) issued a final general permit updating requirements for small “Municipal Separate Storm Sewer Systems” (MS4s) located in Massachusetts. Regulated MS4s...more

Revised Permits for Small Municipal Stormwater Systems – Coming Soon to Massachusetts; New Hampshire Next in Line, with Maine Not...

Massachusetts - The U.S. Environmental Protection Agency (EPA), Region 1, recently announced that in the next few weeks it will finalize a revised general permit for small municipal stormwater sewer systems (“MS4s”) in...more

Department of Housing and Urban Development Adopts Updated ASTM Standard

The U.S. Department of Housing and Urban Development (HUD) announced on April 16, 2014 that, effective May 16, 2014, it is adopting the recently updated Phase I Environmental Site Assessment (ESA) Standard, ASTM E1527-13. HUD...more

EPA Announces Approval of New Phase I Environmental Site Assessment Standard

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) announced that, effective immediately, it was amending the rule impacting the type of due diligence necessary to avoid Superfund liability as a prospective...more

Endangered Species Act Proposed Rulemaking

On September 4, 2013, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the "Resource Agencies") jointly proposed new regulations governing the issuance of "incidental take...more

EPA Reduces Regulatory Burden for Industrial Facilities Using Solvent Wipes

On July 23, 2013, the U.S. Environmental Protection Agency (EPA) announced that it was modifying the hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude...more

7/25/2013  /  EPA , Hazardous Substances , Solvents , Waste

Retroactive Stormwater Permitting of Existing Development – Coming to a Parking Lot Near You?

On July 10, 2013, a consortium of environmental organizations filed a petition with the U.S. EPA, asking the Agency to make a determination under the Clean Water Act (CWA) that stormwater discharges from impervious surfaces...more

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