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
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more...more
The Infrastructure Investment and Jobs Act (IIJA), signed by President Joe Biden on Nov. 15, 2021, revives an excise tax last effective in 1995 on the sale or use of 42 identified chemicals as well as certain substances...more
After a more than 26 year hiatus, on July 22, 2022, the Superfund chemical excise tax (the “Superfund Chemical Tax”) will again become effective. This excise tax, reinstated by the passage of the Infrastructure Investment and...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
By this time next year, a wide range of businesses, governments and citizens will know a lot more about per- and poly-fluoroalkyl substances (PFOS and PFOA) in their communities. PFOS and PFOA compounds are a family of...more
As concerns have escalated about vapor intrusion, regulatory agencies are not only taking more conservative approaches to risk – they may also be more likely to take enforcement action where there is delay or non-compliance...more
A growing number of lawsuits and regulations are targeting PFAS (per- and polyfluoroalkyl substances) and the companies manufacturing these chemicals....more
Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more
As in previous postings, we discuss recent state regulatory initiatives aimed at addressing groundwater and drinking water contamination by per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals...more
Last week, EPA added two sites to the National Priorities List (NPL), a list of sites of national priority for known or threatened releases of hazardous substances, solely for the risks posed by vapor intrusion. ...more
Reduced Regulation - We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more
On October 4, the Ninth Circuit reversed the District Court for the Southern District of California's decision to allocate to a government contractor 100 percent of cleanup costs for hazardous contamination at a manufacturing...more
We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion....more
Earlier this year, we reported on a case that seemed to breathe new life into the divisibility defense under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under CERCLA, a party that...more
NEW REGULATORY DEVELOPMENTS - Federal - New Critical Habitat for Gulf of Maine Atlantic Sturgeon to be Designated - The National Marine Fisheries Service (NMFS) has agreed to designate critical habitat...more