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Environmental Policies Contamination Contaminated Properties

K&L Gates LLP

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

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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

BCLP

2023 Federal PFAS Regulatory Recap

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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

Verrill

Greening the Deal: Environmental Due Diligence for Corporate and Real Estate Transactions

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Working as part of a transactional team here at Burns & Levinson, the attorneys in the Environmental Group assist with due diligence activities and provide guidance on contractual language to document accurate representations...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

A Quick Update About AFFF

Maron Marvel on

Aqueous film-forming foam (“AFFF”) is a hot topic in per- and polyfluorinated Substances (“PFAS”) litigation. AFFF is used to fight gasoline, oil, and jet fuel fires by producing an aqueous film that spreads across a fire’s...more

Maron Marvel

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

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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

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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

Fox Rothschild LLP

Pennsylvania EQB Approves PFOA and PFOS Limits in Drinking Water

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On November 16, the Pennsylvania Environmental Quality Board (“EQB”) voted to approve the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed rule to set binding regulatory standards, known as maximum...more

Stinson LLP

Now is the Time to Evaluate PFAS Liability

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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

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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

Harris Beach PLLC

What are PFAS and Why Should We Care?

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This episode takes listeners into the world of PFAS – otherwise known as per- and polyfluoroalkyl substances – which are types of man-made chemicals that have become a costly class of emerging contaminants worldwide. They are...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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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

Nossaman LLP

Developments in Regulating PFAS in Water

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Recently, I participated in the Environmental Law Institute’s (ELI) Master Class, PFAS: From Common Use to Concern. My fellow panelists and I discussed “PFAS in Water,” which included a discussion of the environmental and...more

Cozen O'Connor

PFAS in California — Impact of the 2020 Defense Authorization Act

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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

Beveridge & Diamond PC

Washington’s Model Toxics Control Act: Transforming Contaminated Sites into Community and Environmental Assets

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

Carlton Fields

Florida Regulation of PFAS at Airports and Governmental Installations Ramps Up

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A new environmental issue could have a major impact on airports. The Florida Department of Environmental Protection (FDEP) is in the process of performing investigations at a number of federal, state, and local facilities...more

Pierce Atwood LLP

Maine DEP Establishes Aggressive Requirement for PFAS Testing in Biosolids

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On Friday afternoon March 22, 2019, the Maine Department of Environmental Protection (DEP) announced in a memorandum to licensed facilities that land apply, compost, or process biosolids (i.e., wastewater treatment sludge)...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

K&L Gates LLP

PADEP Proposes Tough New Policy for Enforcing Oil and Gas Violations and Responding to Water Contamination Complaints

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On October 3, 2014, the Pennsylvania Department of Environmental Protection (“PADEP”) unveiled a new draft policy that would strengthen its compliance and enforcement protocols for both unconventional and conventional oil and...more

Foley Hoag LLP - Environmental Law

Is Selenium the Coal Industry’s Kryptonite? Citizen Groups Obtain Summary Judgment Based on Water Quality Criteria Exceedances

Last week, the Ohio Valley Environmental Coalition and other NGOs obtained summary judgment that Alex Energy had violated both its NPDES permit and its Surface Mining Permits due to exceedances of the West Virginia water...more

Best Best & Krieger LLP

City Not Required to Analyze Impacts of Existing Soil Contamination

In Parker Shattuck Neighbors v. Berkeley City Council, the Court of Appeal determined that impacts from existing soil contamination on a project’s construction workers or future occupants was not an environmental impact under...more

Sheppard Mullin Richter & Hampton LLP

Contaminated but Remediated Soil and Cortese Listing Does Not Compel Preparation of EIR

As 2013 came to a close, the California court of appeal in Parker Shattuck Neighbors v. Berkeley City Council (1st Dist., Div. 4, 12/30/13, A136873) ___Cal.App.1st___, 2013, upheld the City of Berkeley’s decision not to...more

Miller Starr Regalia

First District “Doubts” CEQA Operates In Reverse, Upholds Mitigated Negative Declaration For Urban Infill Project Despite Soil and...

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In an opinion recently ordered published, the First District Court of Appeal extensively reviewed the relevant case law and expressed skepticism that CEQA would operate in reverse to require analysis of potential impacts on a...more

Allen Matkins

California Environmental Law and Policy Update - July 25, 2013

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Environmental and Policy Focus: Interior Chief defends federal hydraulic fracturing regulations -- Bloomberg - Jul 18: Interior Secretary Sally Jewell drew on her experience as a former oil-industry engineer to defend...more

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