Wiley Veterans in Law: Hard-Hitting Reflections on Service, Challenges, and Advocacy
Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
PFAS: Increasing Regulations and Managing Legal Liability
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
Protecting Against Environmental Risks
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Whether it’s the Environmental Protection Agency, OSHA, or a state environmental regulator, facing an information request or site inspection can be unnerving. Join Goldberg Segalla partner Sarah B. Mangelsdorf as she reviews...more
Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more
In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more
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
On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery...more
The Environmental Protection Agency’s (EPA) Spring 2023 Unified Agenda, released on June 13, 2023, extends EPA’s estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS)—namely...more
On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”)....more
The United States Environmental Protection Agency ("EPA") adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022. The updated standard adds more refined investigation and...more
In recent years, there has been no shortage of articles and conferences on the coming wave of PFAS litigation, and with good reason. Heightened scrutiny and tightening regulation by USEPA, the ever-growing AFFF MDL, and the...more
The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more...more
For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more
In prepared remarks from U.S. EPA chemicals chief Michael Freedhoff that were presented at the Product Stewardship Society’s annual meeting, Freedhoff clearly articulated an intent by the Agency to reverse course and...more
On May 24, 2021, in an opinion written by Justice Thomas, a unanimous Supreme Court ruled that Guam’s lawsuit against the US Navy was not barred by CERCLA, thus restoring the Territory’s claim for recovery of costs to...more
The EPA has made public an April 30 memo from the acting assistant administrator for the Office of Enforcement and Compliance Assurance (OECA) to the national and regional enforcement managers that signals clear and specific...more
In this episode of Green Earth White Collar, Wiley Associates Grace Mahan and Holly Wilson discuss the trends they’ve seen in EPA criminal and civil enforcement over the last year and share their predictions for EPA...more
The Biden administration has made it clear that they plan to vigorously enforce federal environmental laws using the full power of the EPA and Department of Justice. In this episode, Howard Tollin, President – Environmental &...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
In late March 2020, as many states adopted responses to the coronavirus pandemic that either encouraged or mandated “work from home” practices, U.S. EPA and other environmental regulators developed temporary enforcement...more
The U.S. Environmental Protection Agency (EPA) announced an Aug. 31, 2020, end date for guidance issued in its March 26, 2020, policy memorandum (discretion policy) that indicated EPA might ease environmental obligations and...more
As companies navigate the unprecedented effects on business operations and supply chains caused by the COVID-19 pandemic, complying with local, state, and federal environmental laws and regulations has presented new...more
On May 13, nine state attorneys general filed a complaint against the U.S. Environmental Protection Agency (EPA) challenging EPA’s COVID-19 enforcement discretion policy, which we discussed in previous articles here and here....more
Since the COVID-19 pandemic, federal, state and local agencies have adapted their procedures to both working remotely and allowing certain flexibilities for companies if specific efforts are made. ...more
US EPA published its temporary policy on enforcement discretion during the coronavirus pandemic on March 26. This update to our previous post on developments related to that policy summarizes additional developments through...more
In the three weeks since the U.S. Environmental Protection Agency (EPA) issued its much-discussed coronavirus (COVID-19) enforcement discretion policy (Policy), governmental and environmental group opposition to the Policy...more
EDITOR’S NOTE: Earlier versions of this alert did not include EPA’s April 10, 2020, guidance and its effect on field work performed at cleanup sites. This version has been updated to reflect EPA’s most recent guidance and the...more