News & Analysis as of

Exemptions Comprehensive Environmental Response, Compensation and Liability Act

BCLP

PFAS Update: Proposed New Legislation Intended to Exempt Certain Industries from PFAS Liability

BCLP on

On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more

Williams Mullen

CERCLA Release Reporting Exemption for Federally Permitted Releases

Williams Mullen on

Seasoned environmental professionals are well-acquainted with the typical hazardous substance release reporting analysis under CERCLA; where a reportable quantity of a hazardous substance is released into the environment...more

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

PFAS/CERCLA Liability: Ten Water Sector Associations Request Exemption

Ten water sector associations sent an April 28th joint letter to key United States Senate and House of Representatives Committee Chairmen and Ranking Members seeking an exemption from the Comprehensive Environmental Response,...more

Troutman Pepper

Appeals Court Upholds Expansive Interpretation of Clean Air Act Exemption from CERCLA Release Reporting

Troutman Pepper on

The Third Circuit Court of Appeals issued a ruling June 21 that certain releases of air pollutants “subject to” Clean Air Act (CAA) requirements, even if not in compliance or specifically named in a permit, are exempt from...more

Holland & Knight LLP

EPA Clarifies Superfund Liability Protections for State and Local Governments

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) issued important guidance (EPA's Guidance) on June 15, 2020, clarifying the recently amended exemption of state and local governments from the definition of an "owner"...more

Williams Mullen

Federal Court Holds CERCLA Reporting Exemption Applies to Releases in Excess of Air Permit Limits |...

Williams Mullen on

A federal court in Pennsylvania recently ruled a U.S. Steel Corp. manufacturing facility was not required under CERCLA to notify federal authorities of releases to the air in excess of emission limits in its air permits. This...more

Jackson Walker

EPA Proposes Rule to Exempt Farm Animal Waste Reporting

Jackson Walker on

In a new effort to clarify the breadth of exemptions for farm animal waste emission reporting, EPA has proposed a rule that exempts such emissions from the reporting requirements under the Emergency Planning and Community...more

Shumaker, Loop & Kendrick, LLP

Client Alert: CAFOs: Protect Against Future Liability; Make Continuous Release Report on November 15

On November 15, the ruling of the U.S. Court of Appeals for the D.C. Circuit that invalidated the U.S. EPA’s rule exempting hog, chicken, dairy cow and other concentrated animal feeding operations (CAFOs) from reporting air...more

Williams Mullen

D.C. Circuit Strikes Down CERCLA Reporting Exemptions for Animal Feeding Operations

Williams Mullen on

The United States Court of Appeals for the District of Columbia Circuit has invalidated EPA’s 2008 rule exempting animal feeding operations (AFOs) from certain federal, state and local hazardous substance reporting...more

Jackson Walker

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

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