News & Analysis as of

Hazardous Substances Comprehensive Environmental Response, Compensation and Liability Act

Pierce Atwood LLP

Will Treasury Use Energy Tax Credits to Assist PFAS-Impacted Communities?

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Proposed tax regulations to be released this year may clarify whether agricultural land contaminated with per- and polyfluoroalkyl substances (PFAS) qualify for a federal tax credit that would incentivize renewable energy...more

Pillsbury - PFAS Observer

The End of Chevron Deference Could Spell Trouble for EPA’s PFAS “Hazardous Substance” Rule

A recent Supreme Court ruling could further jeopardize EPA’s PFAS hazardous substance designation, as the agency is attempting to advance a novel use of delegated legislative authority to further regulate PFAS chemicals....more

Akin Gump Strauss Hauer & Feld LLP

Proposed CERCLA Designation of PFOA and PFOS

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive...more

Shipman & Goodwin LLP

PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail

Shipman & Goodwin LLP on

Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to...more

Nossaman LLP

Fourth Circuit Unanimously Declines to Rehear Ruling Upholding Strict Liability for Arrangers Under CERCLA

Nossaman LLP on

On July 23, the U.S. Court of Appeals for the Fourth Circuit denied a petition for rehearing in 68th Street Site Work Group v. Alban Tractor Co., Inc., et al., 4th Cir., No. 23-01155, declining the opportunity to potentially...more

MG+M The Law Firm

Expansion of PFAS Hazardous Substances Designation "To Be Determined"

MG+M The Law Firm on

In April 2024, the Environmental Protection Agency (EPA) designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation...more

Farella Braun + Martel LLP

Pending Legal Challenge to EPA Designation of PFOA and PFOS as CERCLA Hazardous Substances

A legal challenge is pending in the D.C. Circuit Court of Appeals with respect to EPA’s April 19, 2024 final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under...more

Foley & Lardner LLP

2024 Has Been a Big Year for EPA with Significant Implications for Manufacturers as EPA Executes on its PFAS Strategic Roadmap  

Foley & Lardner LLP on

In 2021 the Environmental Protection Agency (“EPA”) issued its strategic roadmap to address a broad group of thousands of manmade chemicals known as per- and polyfluoroalkyl substances (“PFAS”), pledging to use “every tool in...more

Lathrop GPM

EPA’s ‘Forever Chemicals’ Rule at Risk Without Chevron Deference

Lathrop GPM on

The US Supreme Court’s June 28 decision to end judicial deference to agencies’ reasonable interpretations of laws comes at a pivotal time for new regulations related to “forever chemicals”—per- and polyfluoroalkyl substances...more

MG+M The Law Firm

EPA's PFAS Rule Challenged in DC Circuit

MG+M The Law Firm on

The Environmental Protection Agency’s (EPA) recent rule designating two per- and polyfluoroalkyl substances (PFAS) chemicals, PFOA and PFOS, as hazardous substances has already been met with resistance, as several groups...more

Mintz

EPA's explanation that PFAS are unsafe in minute concentrations is turning out to have serious ramifications for many, including...

Mintz on

Lara Beaven of Inside PFAS Policy reports that Maine farmers have joined litigation against the Environmental Protection Agency for not yet regulating the presence of PFAS in sewage sludge. The plaintiffs in that litigation...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting...more

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

PFAS/CERCLA: New Mexico Department of Justice Files Contribution Claim Against the U.S. Departments of the Air Force/Army

The New Mexico Department of Justice (“NMDOJ”) amended a complaint in the United States District Court against the United States, the United States Department of the Army, the United States Department of the Airforce alleging...more

McGlinchey Stafford

PFAS Hazardous Substance Designation Under CERCLA Challenged

McGlinchey Stafford on

On July 8, 2024, the U.S. Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and isomers, as hazardous substances under the...more

Husch Blackwell LLP

The Inflation Reduction Act’s Brownfields Adder: Updates on What Sites Qualify

Husch Blackwell LLP on

As detailed previously, the Inflation Reduction Act (IRA) offers incentives to renewable energy development that takes place on certain properties that are affected by potential or confirmed contamination. Under the IRA, a...more

Ward and Smith, P.A.

From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

Ward and Smith, P.A. on

Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more

Holland & Knight LLP

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

Holland & Knight LLP on

Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map...more

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

PFAS/CERCLA: Associated General Contractors of America, Inc./National Waste & Recycling Association/Chamber File Judicial...

Three organizations filed a petition in the United States Court of Appeals for the District of Columbia challenging the United States Environmental Protection Agency’s (“EPA”) designation of perfluorooctanoic acid (“PFOA”)...more

Best Best & Krieger LLP

PFAS Hazardous Substances Designation Goes into Effect

New U.S. Environmental Protection Agency (EPA) regulations, which went into effect on July 8, 2024, designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and isomers as hazardous...more

Baker Donelson

PFOA and PFOS Are Now Hazardous Substances Under CERCLA

Baker Donelson on

The EPA has designated two per- and polyfluoroalkyl substances (PFAS) – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers – as hazardous substances under the...more

Morrison & Foerster LLP

EPA May Now Pursue PFOS and PFOA Manufacturers and Users under CERCLA

Effective as of yesterday, July 8, 2024, two widely used per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are deemed hazardous substances under the Comprehensive...more

Fox Rothschild LLP

PFOA and PFOS Are Now CERCLA Hazardous Substances

Fox Rothschild LLP on

As we have previously reported, EPA has designated perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability...more

McGlinchey Stafford

PFAS as CERCLA Hazardous Substances: Impact on Commercial Real Estate Transactions

McGlinchey Stafford on

On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Xenia, Ohio Food Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Bob Evans Farms, Inc. entered into a June 6th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive Environmental...more

Nossaman LLP

EPA Action on “Forever Chemicals”

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Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more

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