News & Analysis as of

National Priorities List (NPL)

Proskauer Rose LLP

Designation of PFOA and PFOS as CERCLA Hazardous Substances

Proskauer Rose LLP on

On May 8, 2024, the United States Environmental Protection Agency (“EPA”) published its final rule designating two types of per- and polyfluoroalkyl substances (“PFAS”) — specifically, perfluorooctanoic acid (“PFOA”) and...more

Best Best & Krieger LLP

U.S. Environmental Protection Agency Designates Two PFAS Chemicals as Hazardous Substances Under Superfund

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) issued a regulation designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and isomers, as hazardous substances...more

Farella Braun + Martel LLP

A Familiar Name Among the Recent NPL Listings – the Now-Bankrupt Exide Technologies

Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive...more

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

National Priority List/Superfund: U.S. Environmental Protection Agency Adds Five Sites

The United States Environmental Protection Agency (“EPA”) has added five sites to the Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”) National Priority List (“NPL”)....more

Fox Rothschild LLP

Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA

Fox Rothschild LLP on

We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and...more

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

National Priorities List/Superfund: District of Columbia Circuit Court of Appeals Addresses Challenge to U.S. Environmental...

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a July 18th decision a challenge to a Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”) National...more

Goldberg Segalla

Superfund: An Unsung Victim of COVID

Goldberg Segalla on

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — commonly known as “the Superfund” — was enacted in December 1980 in response to growing awareness of, and concern over, the catastrophic...more

K&L Gates LLP

EPA Further Expands NPL List - Is Your Company a Potentially Responsible Party?

K&L Gates LLP on

On 17 March 2022, the U.S. Environmental Protection Agency (EPA) announced the addition of twelve sites to the Superfund National Priorities List (NPL). The EPA has determined that releases of contamination at these sites...more

Kilpatrick

Follow the Money – What the Biden Budget Tells Us About Environmental Priorities

Kilpatrick on

On April 9, 2021, the Office of Management and Budget sent the Biden Administration’s Discretionary Budget Request to Sen. Patrick Leahy, D.-VT, chairman of the Appropriations Committee (Biden Budget) This $1.5 Trillion...more

Sullivan & Worcester

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

Sullivan & Worcester on

Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

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

National Priority List/Superfund: Federal Appellate Court Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a November 13th decision a challenge to a United States Environmental Protection Agency (“EPA”) decision regarding a Comprehensive...more

K&L Gates LLP

EPA Expands NPL List - Is Your Company a Potentially Responsible Party?

K&L Gates LLP on

On 1 September 2020, the United States Environmental Protection Agency (EPA) announced the addition of six sites to the Superfund National Priorities List (NPL). EPA has determined that releases of contamination at these...more

Pillsbury - Gravel2Gavel Construction & Real...

No Vacatur, No Protection, No Deference and No Discretion: Important End-of-Summer Environmental Decisions

As the end of summer approaches, the courts have provided a potpourri of relevant environmental decisions. FEDERAL COURTS OF APPEAL - Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection (MDEP) -...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Citizen Suits, “Facility” Management and Some Nuance for Your Hazard Ranking

Some very interesting and fairly complex environmental law rulings have been released in the past few days. U.S. Supreme Court—Trump, et al. v. Sierra Club, et al. On July 31, 2020, in a 5-to-4 decision, the Supreme Court...more

Morgan Lewis

EPA May Ignore Mitigation System and Use of Industrial Facility in National Priorities Listing

Morgan Lewis on

Deferring to the US Environmental Protection Agency, the US Court of Appeals for the DC Circuit rejected a challenge to the first-ever listing of a site on the Superfund National Priorities List under recent regulatory...more

Seyfarth Shaw LLP

Trump Administration Superfund Related Activities

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Under the Trump Administration, the U.S. Environmental Protection Agency (EPA) has fully or partially deleted 22 sites from the Comprehensive Environmental Response, Compensation, and Liability Act...more

Bradley Arant Boult Cummings LLP

CERCLA and the Superfund Task Force: The more things change, the more they stay the same? - Thomson Reuters Westlaw

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more

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

Superfund/CERCLA National Priority List: Blog Post Notes Addition of Two Sites (Mississippi/Texas) Based Solely on Vapor Intrusion...

The United States Environmental Protection Agency (“EPA”) added five sites to the Comprehensive Environmental Response Compensation and Liability Act (“Superfund”) National Priority List (“NPL”). See 83 Fed. Reg. 46408. ...more

Robinson+Cole Manufacturing Law Blog

EPA Lists First Sites to NPL for Vapor Intrusion

Last week, EPA added two sites to the National Priorities List (NPL), a list of sites of national priority for known or threatened releases of hazardous substances, solely for the risks posed by vapor intrusion. ...more

Pillsbury - Gravel2Gavel Construction & Real...

World War II Government Procurement Contracts and CERCLA Liability

The U.S. Court of Appeals for the Federal Circuit’s July 18 ruling, in Shell Oil Company, et al., v. U.S., may have brought to an end a long-running dispute over the impact on World War II government procurement contracts on...more

Pillsbury - Gravel2Gavel Construction & Real...

2018 Update to EPA’s “Superfund Task Force Report”

The U.S. Environmental Protection Agency (EPA) recently released its Superfund Task Force Recommendations 2018 Update (the Update). ...more

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

National Priorities List/Superfund: D.C. Court of Appeals Addresses Challenge to U.S. Environmental Protection Agency Listing...

The United States Court of Appeals for the District of Columbia (“Court”) overturned a determination by the United States Environmental Protection Agency (“EPA”). See Genuine Parts Co. v. EPA, No. 16-1416, 2018 WL 2271086...more

Pillsbury - Gravel2Gavel Construction & Real...

New CERCLA Brownfields Amendments

The Consolidated Appropriations Act of 2018 includes, at pages 1768-1786 of the bill, the “Brownfields Utilization, Investment, and Local Development Act of 2018,” also known as the “BUILD Act.” This is a bi-partisan bill...more

Beveridge & Diamond PC

For the First Time, EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor Intrusion

Beveridge & Diamond PC on

EPA has proposed to add the Rockwell International Wheel & Trim Site in Grenada, Mississippi to the National Priorities List, the first site added based solely on the risk to human health from vapor intrusion from subsurface...more

Beveridge & Diamond PC

For the First Time, U.S. EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor...

The National Priorities List is designed to identify the contaminated sites that pose the highest risk to human health or the environment so that U.S. EPA can focus its efforts on these sites. For the first time, on January...more

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