News & Analysis as of

Comprehensive Environmental Response, Compensation and Liability Act Superfund Environmental Protection Agency (EPA)

Foley Hoag LLP - Environmental Law

Navigating Sites with PFAS Through the Superfund Process Is Going to Be a Bumpy Ride

For most of this century, I’ve been asked with some regularity whether Superfund was dead. I’ve always considered that question to be a victory of hope over expectation. Notwithstanding frequent criticism, frequently...more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA/Superfund: Federal Appellate Court Considers Whether Imposition of Arranger Liability Requires Knowledge Waste is Hazardous

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a June 25th Opinion an issue involving arranger liability under the Comprehensive Environmental Response, Compensation, and Liability...more

Allen Matkins

California Environmental Law & Policy Update 7.12.24

Allen Matkins on

A report published last week by the U.S. Environmental Protection Agency (EPA) concluded that the former Exide Technologies battery recycling plant and surrounding properties in southeast Los Angeles County qualify for...more

Jackson Walker

EPA Advances Major Regulations on Per- and Polyfluoroalkyl Substances (PFAS)

Jackson Walker on

This year, there have been a number of significant legal developments on the regulation of PFAS (per- and polyfluoroalkyl substances). Expect more as the year unfolds. New studies that show the presence of PFAS in common...more

Nossaman LLP

EPA Action on “Forever Chemicals”

Nossaman LLP on

Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more

Shook, Hardy & Bacon L.L.P.

U.S. EPA Designates Two Most Studied PFAS as 'Hazardous Substances' Under Federal Superfund Law: Four Key Takeaways

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) formally published in the Federal Register (89 Fed. Reg. 39124) its long-awaited final rule designating two of the most studied per- and polyfluoroalkyl...more

K&L Gates LLP

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

K&L Gates LLP on

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

Saul Ewing LLP

EPA Action Designates Two Widely Used PFAS as Hazardous Substances Under the Superfund Law

Saul Ewing LLP on

On Friday, April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the...more

Pillsbury - PFAS Observer

EPA Finalizes Rule Designating PFAS Substances as Hazardous Constituents Under CERCLA

On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances”...more

Hinckley Allen

The Next Big Area of Environmental Regulation: PFAS & the Evolving Federal Regulations: Part II (UPDATED)

Hinckley Allen on

This is Part II of a three part series.  Check out Part I, where our attorneys explain what PFAS is, and stay tuned for Part III, where our attorneys delve further into certain state regulations on PFAS....more

Nossaman LLP

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

Nossaman LLP on

PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more

Foley Hoag LLP - Environmental Law

EPA Designates PFAS as Hazardous Substances; EPA Is More Confident Than I Am that the Sky Isn't Fall

Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with...more

Alston & Bird

Superfund PFAS Rule Will Trigger New Obligations at Many Sites

Alston & Bird on

Our Environment, Land Use & Natural Resources Group clarifies a new Environmental Protection Agency rule that could complicate current Superfund cleanups and enforcement....more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

Lathrop GPM on

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

Jones Day

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

Jones Day on

On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more

Nossaman LLP

EPA Designates Two PFAS as Hazardous Substances Under CERCLA | Part I: Impacts on Potentially Responsible Parties

Nossaman LLP on

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more

Stinson LLP

EPA Finalizes Groundbreaking Rule to Regulate Two PFAS under CERCLA

Stinson LLP on

On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more

Best Best & Krieger LLP

U.S. Environmental Protection Agency Designates Two PFAS Chemicals as Hazardous Substances Under Superfund

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) issued a regulation designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and isomers, as hazardous substances...more

Fox Rothschild LLP

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

Fox Rothschild LLP on

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous...more

Lathrop GPM

EPA Poised to Expand Federal Superfund to Include Key PFAS

Lathrop GPM on

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

Foley Hoag LLP - Environmental Law

Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?

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

Mitchell, Williams, Selig, Gates & Woodyard,...

National Priority List/Superfund: U.S. Environmental Protection Agency Adds Five Sites

The United States Environmental Protection Agency (“EPA”) has added five sites to the Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”) National Priority List (“NPL”)....more

Hinckley Allen

The Next Big Area of Environmental Regulation: PFAS & the Evolving Federal Regulations: Part II

Hinckley Allen on

Per- and polyfluoroalkyl substances (“PFAS”) continue to be one of the main focuses of regulators.  The regulation of PFAS is rapidly evolving, and companies potentially impacted by PFAS regulation or liability need to stay...more

Robinson+Cole Environmental Law +

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more

Foley Hoag LLP - Environmental Law

The Original Superfund Worked So Well; Let’s Replicate It to Deal with Climate Change!

As I’ve noted many times, criticizing CERCLA is like shooting fish in a barrel. Apparently, however, my criticism is not universally shared. According to WBUR, some legislators around the country are so pleased with how...more

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