Designation of PFAS as Hazardous Substances - On September 6, 2022, the Environmental Protection Agency (EPA) designated two per- and polyfluoroalkyl substances (collectively, PFAS) as “hazardous substances” under the...more
The proposed EPA rule designating PFOA and PFOS as hazardous substances under CERCLA has significant implications for Potentially Responsible Parties (PRPs) at both current and closed Superfund sites, as well as for companies...more
As a general rule, the law will not allow plaintiffs to sit on legal rights indefinitely. Superfund actions are no exception. The 6th Circuit recently applied this principle, finding a declaratory judgment of liability...more
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
On December 1, 2021, the Virginia Department of Environmental Quality (“VDEQ”) announced via a notice on its Brownfields website that it stopped accepting applications for Bona Fide Prospective Purchase (“BFPP”) and other...more
EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more
On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more
On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more
Pandemic-related work stoppages and delays are affecting both field and non-field work at Superfund sites. COVID-19 is impacting Superfund site investigations and response activities. ...more
In landmark Arco decision, the U.S. Supreme Court held that state courts have jurisdiction to hear state law claims that involve sites with ongoing federal cleanup actions. CERCLA does not strip state courts of...more
Today, the Supreme Court of the United States released the much-anticipated opinion that had the potential to turn the entire Superfund Program on its head. The Court resolved the lingering question regarding whether parties...more
Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more
In 2016, EPA published the long-anticipated Hazardous Waste Generator Improvement Rule (HWGIR) updating requirements for generators of hazardous waste. The HWGIR also clarifies EPA polices governing accumulation of hazardous...more
A case currently pending before the United States Supreme Court may significantly impact legal rights of potentially responsible parties (PRPs) involved in the cleanup of Superfund Sites. The case was brought in Montana State...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) states that its Remedial Action Focus Group prepared a paper to: . . . assist states in identifying and addressing potential concerns...more
The natural resource damage assessment (NRDA) process has evolved since its inception in the late 1970s. The innovations keep coming. In 2016, a third-party “credit banking” mechanism was used for the first time to settle...more
When Scott Pruitt took over the post as Administrator of the United States Environmental Protection Agency (EPA), he made it clear that one of his top priorities was to expedite cleanups at contaminated sites across the...more
Environmental Protection Agency (EPA) Administrator Scott Pruitt last week issued a memorandum revising the existing delegations of authority related to implementation of the Comprehensive Environmental Response,...more
On July 21, 2016, New York Governor Cuomo signed into law New York State Assembly Bill No. A09568, which amends the statute of limitations for filing actions to recover damages for personal injury caused by contamination...more
In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more
The United States Environmental Protection Agency (“EPA”) recently issued the Record of Decision (“ROD”) for the lower 8.3 miles of the Lower Passaic River, which sets forth EPA’s $1.38 billion remedy. Potentially Responsible...more