News & Analysis as of

Contaminated Properties Cost Recovery

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

Lowenstein Sandler LLP

Second Circuit Clarifies Trigger Date For CERCLA Cost Recovery Statute Of Limitations

On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more

Foley Hoag LLP - Environmental Law

Asbestos. Lead Paint. MTBE. PFAS?

Late last month, New Hampshire filed two law suits seeking to recover a variety of costs and damages it alleges have resulted from contamination caused by releases of PFAS. It’s a wide ranging suit; New Hampshire asserted...more

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

CERCLA/RCRA Cost Recovery Action: Federal Court Addresses Individual Liability Question

A United States District Court (Eastern District of California) (“Court”) addressed in a September 4th opinion the potential liability of an individual under the federal Resource Conservation and Recovery Act (“RCRA”) and...more

Snell & Wilmer

Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA

Snell & Wilmer on

Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.” Generally, removal actions are interim actions to clean up or remove hazardous materials. 42...more

Williams Mullen

South Carolina Court Limits CERCLA Remedies

Williams Mullen on

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

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