News & Analysis as of

Contaminated Properties Contamination Comprehensive Environmental Response, Compensation and Liability Act

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

Clark Hill PLC

EPA Changes Requirements For Bona Fide Prospective Purchaser To Conform With Updated ASTM E1527-21 Standard

Clark Hill PLC on

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

BCLP

2023 Federal PFAS Regulatory Recap

BCLP on

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

Foley Hoag LLP - Environmental Law

What Will Be the Real Consequences of an EPA Decision to List PFAS as Hazardous Substances Under CERCLA?

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

Steptoe & Johnson PLLC

PFAS/Emerging Contaminants Handbook

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

Maron Marvel

U.S. EPA Takes Significant Step to Designate PFAS as CERCLA Hazardous Substance

Maron Marvel on

In October 2021, the United States Environmental Protection Agency (EPA) introduced its PFAS Strategic Roadmap, laying out the agency’s approach to PFAS regulation in the coming years. One of the most highly anticipated...more

Jenner & Block

PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances

Jenner & Block on

On January 10, 2022, U.S. EPA forwarded to the White House Office of Management and Budget (OMB) a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous...more

Stinson LLP

Now is the Time to Evaluate PFAS Liability

Stinson LLP on

If your organization has not already started thinking about PFAS (per- and polyfluoroalkyl substances), there's no time like the present. PFAS refers to a family of man-made, environmentally persistent chemicals (often...more

Stinson LLP

Minnesota Announces "PFAS Blueprint" for Increased Regulation of "Forever" Chemicals

Stinson LLP on

Minnesota announced a new “PFAS blueprint” on February 10, 2021, calling for increased regulation of the so-called “forever” chemicals through a combination of legislation and agency rulemaking....more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

UB Greensfelder LLP on

Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

Farella Braun + Martel LLP

New Screening Levels for Key PFAS Chemicals Will Spur Regulatory Action at Contaminated Sites

In support of the State Water Resources Control Board’s (State Board) efforts to investigate and evaluate the public health effects of per- and polyfluoroalkyl substances (PFAS), the San Francisco Regional Water Quality...more

Cole Schotz

Buyer Beware: No-Fault Owner Responsible For 25% Of Past And Future Cleanup Costs

Cole Schotz on

Valbruna Slater Steel Corp. (Valbruna) knew about the extensive contamination from a former owner’s industrial operations when it bought the Indiana steel mill out of bankruptcy in 2004. As many do when buying contaminated...more

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

King & Spalding

EPA Issues Long-Delayed Guidance for Assessing and Mitigating Vapor Intrusion Risks at Contaminated Sites

King & Spalding on

On June 11, 2015, the United States Environmental Protection Agency released long-delayed final guidance for evaluating and mitigating risks at sites where vapor intrusion is an actual or potential concern. The final guidance...more

Troutman Pepper

Environmental Claims: The Gift That Keeps On Giving

Troutman Pepper on

Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) – A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The...more

Foley Hoag LLP - Environmental Law

Is Death A Defense To CERCLA Liability?

In contrast to the early days of Superfund when no argument for extending CERCLA liability was too far-fetched, the Second Circuit recently rejected one of the all-time “Hail Mary” passes for CERCLA contribution. The case,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Time-Barred Claim? Fourth Circuit Invalidates State Statute of Repose in Contamination Cases

On July 10, 2013, a divided panel of the Fourth Circuit Court of Appeals held that the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or Superfund), the federal law redressing disposal of...more

Holland & Knight LLP

EPA Revised Guidance Encourages Renewable Energy and Other Industry Development on Contaminated Properties

Holland & Knight LLP on

On December 5, 2012, the U.S. Environmental Protection Agency (EPA) issued revised guidance regarding whether lessees of contaminated or formerly contaminated property may claim protection from liability under the...more

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