New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more
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
Earlier this week, the Biden Administration announced a monumental plan to address impacts stemming from per- and polyfluoroalkyl compounds (PFAS). While the announcement details the ongoing and future efforts of eight...more
The Anaconda Smelter served southwestern Montana's mining industry for almost one hundred years before its closure in 1980. Today, the 585-foot "Big Stack" remains as one of the largest free-standing masonry structures in the...more
On April 25, 2019, the Environmental Protection Agency (EPA) released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid and Perfluorooctane Sulfonate. Perfluorooctanoic acid...more
A quarterly update on environmental issues and solutions for clients in the Carolinas - WELCOME TO THE K&L GATES CAROLINAS ENVIRONMENTAL UPDATE - With experienced environmental attorneys in four offices across North...more
On April 25, 2019, the EPA published draft interim recommendations for screening and clean-up levels for groundwater contaminated with perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS). The draft...more
Highlighting limits on pre-trial motions arguing CERCLA preemption of state common law claims, a New Mexico federal court denied a motion to dismiss plaintiffs’ tort claims arising from a 2015 release of impounded water from...more
The Town of Westport cannot recover clean-up costs from manufacturers of PCBs used in caulk at the town’s middle school under a variety of common law and statutory theories, according to a ruling by the First Circuit in Town...more
In what appears to be a first, a federal district court has held that the “Petroleum Exclusion” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state-law contribution claims...more
Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more