News & Analysis as of

Hazardous Substances Cost Recovery

Foley Hoag LLP - Environmental Law

EPA Proposes to List PFOA and PFOS as Hazardous Substances: What Could Possibly Go Wrong?

EPA announced today that it is proposing to list PFOA and PFAS as hazardous substances under CERCLA.  EPA appears to be sanguine about how the listing will play out in the real world. EPA is focused on holding responsible...more

Jenner & Block

PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances

Jenner & Block on

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

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

Superfund/CERCLA Cost Recovery Action/Mercury Refinery Site: U.S. Department of Justice and Four Companies Enter into Consent...

The United States Department of Justice (“DOJ”) and four companies entered into a proposed August 18th Consent Decree (“CD”) settling a Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”) cost...more

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

PFAS/Natural Resource Damages: New Jersey Attorney General Files Cost Recovery Action Against Gloucester County Facility

The New Jersey Attorney General ("AG") on behalf of the New Jersey Department of Environmental Protection filed a lawsuit in Superior Court of New Jersey Law Division ("Gloucester County") against Solvay Specialty Polymers...more

Foley Hoag LLP - Environmental Law

Asbestos. Lead Paint. MTBE. PFAS?

Late last month, New Hampshire filed two law suits seeking to recover a variety of costs and damages it alleges have resulted from contamination caused by releases of PFAS. It’s a wide ranging suit; New Hampshire asserted...more

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

CERCLA/RCRA Cost Recovery Action: Federal Court Addresses Individual Liability Question

A United States District Court (Eastern District of California) (“Court”) addressed in a September 4th opinion the potential liability of an individual under the federal Resource Conservation and Recovery Act (“RCRA”) and...more

Snell & Wilmer

Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA

Snell & Wilmer on

Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.” Generally, removal actions are interim actions to clean up or remove hazardous materials. 42...more

Morgan Lewis

PHMSA Proposes to Expand the Requirements for Pipelines Carrying Hazardous Liquids

Morgan Lewis on

The rules would add gathering lines and pipelines in non-HCA areas. On October 13, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Proposed Rule that would...more

Morgan Lewis

California Department of Toxic Substances Control Gains New Hazardous Waste Regulatory Powers

Morgan Lewis on

Governor Brown and Legislature give the state’s Department of Toxic Substances Control more power to regulate hazardous substances. On Friday, October 2, 2015, California Governor Edmund G. Brown Jr. signed into law a...more

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