News & Analysis as of

Hazardous Substances Department of Environmental Protection

Fox Rothschild LLP

Maine Again Amends PFAS Ban Statute – More Product Categories Get Specific Dates, Reporting Requirements Are Narrowed

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Maine has once again amended and clarified its statutory restrictions on the sale of numerous categories of PFAS-containing products. The net effect of the legislation, enacted on April 16, 2024, is to 1) limit the scope and...more

Troutman Pepper

Massachusetts AG Sues Over Allegedly Mishandled Asbestos Debris From Decommissioned Power Station

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On February 14, Massachusetts Attorney General (AG) Andrea Joy Campbell filed a civil lawsuit against Holtec Decommissioning International LLC and its affiliate Holtec Pilgrim LLC (Holtec), alleging the improper handling of...more

Beveridge & Diamond PC

Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products

Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances...more

Maron Marvel

NJDEP Announces PFAS Interim Guidelines

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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

Beveridge & Diamond PC

Maine Adopts Broad Ban of PFAS-Containing Products (Updated)

Maine DEP Requests Comments on Concept Draft of Proposed PFAS Regulations - The Maine DEP has issued a “Concept Draft” of proposed regulations that details some of the notification requirements and sales prohibitions for...more

Ballard Spahr LLP

New Jersey Sets Stringent PFAS Standards

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The New Jersey Department of Environmental Protection’s latest action creates several statewide environmental standards for three PFAS contaminants: perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Pierce Atwood LLP

Maine PFAS Task Force Issues Report and Maine Legislature Considers Amending State's Superfund Law

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Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...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 PFAS Tracker - Maine Standards and Proposed Actions (UPDATED)

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Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more

Pierce Atwood LLP

Maine PFAS Tracker - Maine Standards and Proposed Actions

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Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more

Cozen O'Connor

PFAS and Public Water Supply in Pennsylvania: Challenges & Opportunities

Cozen O'Connor on

The Pennsylvania Department of Environmental Protection (DEP) is currently tracking approximately 19 sites with known contamination with PFOA and PFOS. Nine are federal Superfund sites and three are addressed under the...more

Holland & Knight LLP

PFAS: Still Only an Emerging Contaminant? In New Jersey, It’s Here

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In the final week of March 2019, the New Jersey Department of Environmental Protection (NJDEP) took two unusually broad actions regarding contamination caused by poly- and perfluoroalkyl substances (PFAS). On March 25, 2019,...more

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

CERCLA Liability: Federal Appellate Court Addresses Whether Current Owner Can Be Responsible for Pre-acquisition Cleanup Costs

The United States Court of Appeals for the Third Circuit (“Court”) addressed in an October 5th opinion a Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) liability issue. See Pa. Dep’t of Envtl,...more

Best Best & Krieger LLP

A Bankruptcy Trustees Power to Abandon Property of the Estate: The Public Heath or Safety Exception - BB&K Attorneys Cathy Ta and...

Chapter 7 trustees play a vital and essential role in the United States bankruptcy system. In every Chapter 7 bankruptcy filing, a Chapter 7 trustee is appointed by the bankruptcy court to oversee the administration of the...more

Pierce Atwood LLP

DEP Proposes Limits On Industrial Solvent Cleaning Activities

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Despite Maine’s attainment of the ozone standards, Volatile Organic Compound (VOC) control requirements keep coming. The Maine Department of Environmental Protection (DEP) has proposed a new regulation, Chapter 166, that...more

Spilman Thomas & Battle, PLLC

Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included...more

Bilzin Sumberg

Recently Proposed Pollution Notice Rule Struck as Invalid

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The Division of Administrative Hearings ("DOAH") recently struck down the Florida Department of Environmental Protection's ("FDEP") proposed Public Notice of Pollution Rule 62-4.161 ("the Rule") in response to a petition...more

Carlton Fields

Florida Department of Environmental Protection Adopts Emergency Rule Imposing New Notice Requirements

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In response to the storm-related sewage and sinkhole-related discharges at the Mosaic facility in Mulberry, Florida, the Department of Environmental Protection (DEP) published two rulemaking notices on September 27, both...more

Spilman Thomas & Battle, PLLC

W.Va. Senate Bill 423 Amends Aboveground Storage Tank Act

Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the “AST Act” or “Act”), W. Va. Code §§ 22-30-1 et seq., representatives of the industries most impacted by the expansive and detailed AST Act...more

Pierce Atwood LLP

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

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For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be...more

McCarter & English, LLP

New Law Grants Two-Year Extension to Remedial Investigation Deadline for Qualifying Parties

This is an important legal development for any company that is cleaning up an old contaminated site in New Jersey and requires more time to complete the remedial investigation. ...more

Pierce Atwood LLP

Final Remedial Action Guidelines From Maine DEP Published, Including New PCE Cleanup Levels

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After several years of formal and informal proposals, the Remedial Action Guidelines (RAGs) have finally been revised, and are now effective, thanks to action by the Maine Department of Environmental Protection (DEP). ...more

Pierce Atwood LLP

MEDEP To Allow Weekly Hazardous Waste Inspection, Align Hazardous Matter Reporting Rules

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In a set of proposals just released, the Maine Department of Environmental Protection (DEP) is set to reform its hazardous waste and hazardous matter rules for the first time in years. ...more

Pierce Atwood LLP

Maine DEP Publishes Revised Remedial Action Guidelines On Hazardous Substances For Comment

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The Remedial Action Guidelines (RAGs) are useful – if conservative – default cleanup guidelines used by the Maine Department of Environmental Protection (DEP). DEP proposed changes in 2012, and has just proposed changes...more

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