News & Analysis as of

Hazardous Substances Enforcement Actions

Perkins Coie

Two PFAS Designated as CERCLA Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

Eversheds Sutherland (US) LLP

In long-awaited move, EPA designates two PFAS as hazardous substances and issues PFAS enforcement policy

Capping a flurry of recent activity concerning per- and polyfluoroalkyl substances (PFAS), US EPA on April 19, 2024 designated two PFAS as hazardous substances. Designations of other PFAS are likely to follow. The same day,...more

Troutman Pepper

Ohio AG and DuPont Reach $110M Settlement Over Chemical Contamination

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On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...more

Nossaman LLP

Upcoming Deadlines for Water Agencies for PFAS Settlements

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Deadlines are upcoming related to the multi-district per- and polyfluoroalkyl substances (PFAS) litigation. The relevant settlements are with DuPont, Chemours, and Corteva (collectively, DuPont) and 3M, parties who allegedly...more

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

Hazardous Substance Enforcement: Washington D.C. Attorney General and Potomac Electric Power Company Enter into Amended Consent...

The Attorney General for the District of Columbia (“AG”) and Potomac Electric Power Company (“Pepco”) entered into a First Amendment to Consent Decree (“Amended Decree”) addressing alleged releases of hazardous substances....more

Troutman Pepper

Michigan AG Brings PFAS Lawsuit Against the Gerald R. Ford International Airport Authority

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Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to...more

Troutman Pepper

Tennessee AG Sues More Than 20 PFAS Manufacturers

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Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform...more

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

PFAS CERCLA (Superfund) Liability: Congressional Letter Requesting Equal Treatment (Enforcement Discretion) for Privately...

Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and McArthur, Ohio, Explosive Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Austin Powder Company (“APC”) entered into a June 8th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Comprehensive Environmental...more

Eversheds Sutherland (US) LLP

Is PFAS litigation the new asbestos docket? PFAS users now face increasing government enforcement actions and private lawsuits

PFAS litigation is on the rise. The catalyst is the rapidly developing patchwork of proposed municipal, state, and federal regulations seeking to find and hold accountable PFAS users. State attorneys general are taking an...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Sterling, Kansas, Oilfield Chemical Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and JACAM Catalyst, LLC (“JACAM”) entered into a January 3rd Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Resource Conservation and...more

Fox Rothschild LLP

State Enforcement Against the Federal Government, Part 2

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Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more

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

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Allen Matkins

San Diego Developers and Owners Should be Aware of Changes in Asbestos Enforcement Behavior

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As one of 17 air districts in California, the San Diego Air Pollution Control District (SDAPCD) is responsible for the implementation and enforcement of a wide range of laws and regulations concerning air pollution within its...more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Utica, New York, Brewing Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Matt Brewing, Co., Inc. (“MBCI”) entered into a September 21st Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the regulations...more

Foley & Lardner LLP

CPSC Takes First Step to Expand Enforcement

Foley & Lardner LLP on

On March 1, 2021, the Consumer Product Safety Commission (CPSC) signaled its intent to increase enforcement of its product safety regimen by seeking to more than double its current $135 million budget via a public letter from...more

White and Williams LLP

The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also...more

Foley & Lardner LLP

Revival of the General Duty Clause

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In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

Fox Rothschild LLP

PFAS Litigation Trends And Stats

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Please see full graphic below for more information...more

Society of Corporate Compliance and Ethics...

A look at the EU Market Surveillance Regulation

Report on Supply Chain Compliance 3, no. 21 (October 29, 2020) - The European Union has some of the world’s most robust environmental, health and safety standards for products sold and imported into the market. Despite...more

Bond Schoeneck & King PLLC

OSHA Guidance for COVID-19 Workplace Safety & Temporary Enforcement Guidance for Healthcare Industry 

Employers are aware that the “General Duty Clause” (§5(a)1) of the Occupational Safety and Health Act of 1970 requires employers to furnish a workplace that is “free from recognized hazards that are causing or are likely to...more

Pillsbury Winthrop Shaw Pittman LLP

EPA’s Wide-Ranging Rule on Perfluoroalkyl Substances

EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles. - EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more

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

Methanol Release/CERCLA Enforcement: U.S. Environmental Protection Agency and Adrian, Michigan Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and W2Fuel Adrian II, LLC, (“W2”) entered into an August 28 Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 103(a) of the...more

Benesch

Hazardous Materials Regulations Compliance: Jail Time May Be Waiting

Benesch on

The transportation of hazardous materials (hazmat) is an subject that holds significant safety implications for carriers, shippers, intermediaries and the general public. Compliance programs and their requirements vary widely...more

Womble Bond Dickinson

Manufacturers, Airports And More Take Note, North Carolina Ratchets Up PFAS Testing

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Current or past sources of emerging contaminants should be aware that the North Carolina Department of Environmental Quality has ordered that publicly owned treatment plants (POTWs) in the Cape Fear River Basin test their...more

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