News & Analysis as of

Environmental Protection Agency (EPA) Site Remediation

BCLP

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Dechert LLP

EPA Designates Two PFAS as CERCLA Hazardous Substances

Dechert LLP on

U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact...more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

Lathrop GPM on

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

Goldberg Segalla

Leading with Lead: EPA to Implement Strategy for Lead in 2024

Goldberg Segalla on

The U.S. Environmental Protection Agency kicked off the New Year by strengthening its guidance for investigating and cleaning up lead-contaminated soil at residential properties, especially in areas where children live and...more

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

Environmental Criminal Enforcement: New Jersey-Based Hazardous Waste Collection/Disposal Corporation Sentenced for Alleged...

The U.S. Attorney’s Office (Middle District of Georgia) issued a January 18th press release stating that Care Environmental Corporation (“CEC”), which is headquartered in Hackettstown, New Jersey,  was sentenced for alleged...more

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

Good Samaritan Remediation of Abandoned Hardrock Mines Act: U.S. Senate Environment & Public Works Committee Advances Legislation

The United States Senate Environment & Public Works Committee (“Committee”) has moved to the full Senate legislation titled: Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (“Mines Act”)...more

Verrill

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

Verrill on

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

Bennett Jones LLP

Alberta Minister of Environment and Protected Areas Announces Launch of Partial Reclamation Pilot Project

Bennett Jones LLP on

On December 14, 2023, Alberta's Minister of Environment and Protected Areas (EPA), Rebecca Schulz, announced the launch of two new pilot projects aimed at improving and expediting the well site reclamation process in the...more

Kohrman Jackson & Krantz LLP

Federal Brownfields Incentives Program’s Triumphant Return

On November 16, 2023, Congressman Mike Turner (R-OH-10) and Mikie Sherill (D-NJ-11) reintroduced the bipartisan Brownfields Redevelopment Tax Incentive Reauthorization Act (H.R. 6438) (BRTIRA). BRTIRA is designed to provide...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already "closed"...

Mintz on

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

ArentFox Schiff

Environmental Justice Update: New Jersey Issues Guidance Promoting Use of Green and Sustainable Technologies in Remediation

ArentFox Schiff on

Costs to clean up environmentally impacted real estate have continued to increase. A variety of factors have caused this trend including: listing of new contaminants, enhanced focus on contamination pathways like vapor...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already...

Mintz on

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

BCLP

PFAS Update: State Soil Concentration Regulations - July 2023

BCLP on

In the absence of binding federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for site...more

Katten Muchin Rosenman LLP

New ASTM Standard for Phase I Environmental Site Assessments Takes Legal Effect: What This Means for Scoping Due Diligence

Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal...more

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

Technical Assistance Resources to Support the Reuse of Brownfield Sites: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2022 guidance document titled: Technical Assistance Resources to Support the Reuse of Brownfield Sites (“Guidance”)...more

BCLP

PFAS Update: 2022 Federal PFAS Regulatory Recap

BCLP on

As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more

Greenberg Glusker LLP

At Last - EPA Approves the New ASTM Phase I Environmental Site Assessment Standard

Greenberg Glusker LLP on

On December 15, 2022, the United States Environmental Protection Agency (EPA) took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments. As previously noted, ASTM...more

Maron Marvel

NJDEP Announces PFAS Interim Guidelines

Maron Marvel on

To continue combating environmental contamination, the New Jersey Department of Environmental Protection (NJDEP) issued new regulations this week, which take immediate effect for four Per- and polyfluoroalkyl substances...more

Sheppard Mullin Richter & Hampton LLP

PFAS As Hazardous Substances: Top 5 Implications For Businesses

The U.S. Environmental Protection Agency (EPA) took an important step toward regulating PFAS (per- and poly-fluoroalkyl substances) on September 6, 2022 when it published a Notice of Federal Rulemaking to begin the process of...more

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Rule to Designate Two PFAS Chemicals as Hazardous Substances Stands to Up the Ante for Site Remediation

EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances. CERCLA hazardous substances designation would fulfill an important...more

J.S. Held

Environmental Considerations In The Claims Process

J.S. Held on

Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more

Brooks Pierce

Risk and Reward: Environmental Issues in Real Estate Development

Brooks Pierce on

Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to...more

J.S. Held

Indoor Air Quality: Health Effects of Airborne Mold & How Mold Is Measured

J.S. Held on

Mold spores are present in virtually all environments, indoors and out. People are exposed to molds every day in every setting. The potential for mold to adversely impact indoor air quality is a frequent concern following...more

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