Effective February 13, 2024, prospective purchasers and ground tenants of commercial and industrial property seeking liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act...more
In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more
On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
On April 12, 2024, two days after EPA issued a final rule setting standards for certain per- and polyfluoroalkyl substances (PFAS) in public drinking water, the White House Office of Management and Budget (OMB) concluded its...more
The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more
This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is...more
Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., as a strict liability statute holding owners in the chain of title liable...more
Lara Beaven, of Inside PFAS Policy, has an excellent report on the Defense Department's motion to dismiss claims for injunctive relief against the military in the AFFF multi-district litigation continuing before Federal...more
As expected, 2023 was an expansive year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took (or at least proposed)...more
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more...more
One of the primary goals of bankruptcy law is to provide debtors with a fresh start by imposing an automatic stay and allowing for claims of reorganizing debtors to be discharged. In environmental law, a primary goal is to...more
Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis. The article reported on the gnashing of teeth among the regulated community at...more
Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more
“Joint and several” liability for environmental remediation costs is fundamental to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In general, CERCLA incorporates “joint and...more
PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals...more
In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more
On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment...more
This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more
The U.S. EPA published its PFAS Strategic Roadmapbooklet in October 2021 and, true to its word, has come very close to meeting most of its self-imposed deadlines to tackle the truly difficult environmental- and human-health...more
Initial guidance for the bonus credit amount for renewable energy projects located in “energy communities” answers numerous questions about how to prove a project qualifies for extra tax credits. The guidance—which is in...more
Purchasers of contaminated property are often familiar with obtaining a Phase 1 Environmental Site Assessment (ESA) in the hopes of maintaining the CERCLA bona fide prospective purchaser defense, but sometimes they overlook...more
On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM...more
The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property. A Phase I ESA includes a site inspection and review of current and past uses and...more
Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...more
I became an inadvertent environmental lawyer in 1988 when my supervising attorney plunked a foot-high stack of paper on my desk (sorry, youngsters, paper was the medium) and asked me to decipher the CERCLA/Superfund statute –...more