Natural Resource Damages & Environmental Justice
Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
What are PFAS and Why Should We Care?
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses how...more
The U.S. Food and Drug Administration – acting under its Food Safety Modernization Act (FSMA), as amended, 21 U.S.C. § 2201 et seq., to address the safety of all FMSA-covered produce other than sprouts (Covered Produce) – on...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
What You Need to Know- •NJDEP has established interim soil remediation standards for four per- and polyfluoroalkyl (PFAS) soil contaminants, effective immediately. •The new standards require the investigation of the...more
It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not...more
On April 27, 2022, the cleanup plan for the Dover Municipal Landfill Superfund Site in New Hampshire was reopened to add 1,4-dioxane as a groundwater contaminant of concern. EPA’s proposed “Explanation of Significant...more
On January 10, 2022, the U.S. Environmental Protection Agency (“EPA”) submitted a proposed rule to the White House Office of Management and Budget (“OMB”) to designate perfluorooctanoic acid (“PFOA”) and...more
Federal judge strikes down Trump rule governing water pollution - The New York Times – August 23 - In the latest episode of a long-running battle concerning the reach of federal jurisdiction over surface waters, Judge...more
Per- and Polyfluoroalkyl Substances (PFAS) are a broad category of man-made chemicals that have been manufactured since the 1940s and have been used in a variety of products for their heat- and stain-resistance, including...more
Summary - The New Jersey Department of Environmental Protection (NJDEP) finalized several major revisions to its statutory remediation standards rules (N.J.A.C. 7-26D). The revisions are highly technical and have practical...more
The long-awaited revisions to the Remediation Standard Regulations (RSRs) and to the Environmental Use Restriction (EUR) regulations were published by the Connecticut Secretary of State on February 16, 2021. The revised...more
CalEPA’s supplemental guidance on vapor intrusion offers instruction but also creates questions. Our Environment, Land Use & Natural Resources Group looks back and looks forward at what the impending changes might mean for...more
On January 19, 2021, the United States Environmental Protection Agency (“EPA”) introduced several new action items to further complement its progress under the 2019 Per-and Polyfluoroalkyl Substances ("PFAS") Action Plan....more
Contaminated groundwater plume in north Orange County placed on federal Superfund list - Orange County Register – September 1 - A five-square-mile plume of contaminated groundwater in north Orange County has been...more
Earlier this year, North Carolina’s Department of Environmental Quality proposed a new rule to the Environmental Management Commission’s Groundwater Committee to set the groundwater standards for PFOA and PFOS at a combined...more
Two related cases recently filed in the District of South Carolina federal court exemplify an upcoming area of potential liability related to Per- and Polyfluoroalkyl Substances, commonly known as “PFAS”. ...more
A growing number of lawsuits and regulations are targeting PFAS (per- and polyfluoroalkyl substances) and the companies manufacturing these chemicals....more
On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more
On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more
Amidst the COVID-19 pandemic, the U.S. Supreme Court issued last week two important decisions, one regarding the federal Superfund law and the other concerning the Clean Water Act....more
The proposal marks another instance of EPA follow-through on its 2019 PFAS Action Plan. The SDWA requires EPA to make regulatory determinations every five years based on whether chemicals in public water systems pose a...more
On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more
California sues Trump administration to block water rules - Bullet ABC News – February 20 - California sued the Trump administration on Thursday to block new rules finalized this week that would let farmers take more...more
Guidance Increases Uncertainty for Restoring Brownfields - The long-awaited CalEPA guidance for screening and evaluating vapor intrusion has been issued as a draft for public comment. This state-wide guidance, jointly...more
Information about PFAS compounds in California is literally exploding, with additional contamination sites identified almost daily, while the science and legal environments surrounding these “forever chemicals” also see...more