News & Analysis as of

Proposed Amendments Comprehensive Environmental Response, Compensation and Liability Act

MG+M The Law Firm

Proposed Carve-Out Permits Settling Litigants to Recover Costs of PFAS Cleanup in New York

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New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more

Latham & Watkins LLP

DOI Seeks Comments on Proposal to Expand Natural Resource Damage Assessment Procedures

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The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more

BCLP

PFAS Update: Significant Expansion of PFAS Regulation Under RCRA

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In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more

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

Designation of PFAS as CERCLA Hazardous Substances/Wastewater - Drinking Water Utility Exemption: American Water Works Association...

The American Water Works Association (“AWWA”) sent a July 19th letter to the Chairman and Ranking Member of the United States House of Representatives Committee on Rules urging support for an amendment (“Amendment 18”) to the...more

Holland & Knight LLP

ASTM Proposes Changes to Phase I ESA Standard (E1527)

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Every eight years, ASTM International's standard-setting committees are required to reevaluate existing ASTM standards. The ASTM E1527-13 Standard Practice on Phase I Environmental Site Assessments (ESAs) is required to be...more

Williams Mullen

Environmental Notes - May 2021

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A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more

Holland & Knight LLP

EPA Issues Latest Draft of Multi-Sector General Permit

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On March 2, 2020, the U.S. Environmental Protection Agency (EPA) published a notice and request for comment for its National Pollutant Discharge Elimination System (NPDES) 2020 Issuance of the Multi-Sector General Permit...more

BCLP

PFAS Bill Passes House Committee

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On November 20, 2019, the “PFAS Action Act of 2019” (H.R. 535) (the “PFAS Bill”) passed the House Committee on Energy and Commerce. The PFAS Bill, eighteen subchapters long, says a great deal: most importantly, one year after...more

Williams Mullen

Environmental Notes - November 2016

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EPA has revised its procedures for making certain changes to its “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846. The test method and its compendium of guidance documents provide...more

Williams Mullen

Environmental Notes - October 2015

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In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

Cole Schotz

EPA Gives New ASTM Standard the Nod in Proposed Rule

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As indicated in our latest blog post, here, on US EPA’s adoption of the new ASTM E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, US EPA has taken the step...more

Miller Canfield

EPA Proposes Change to Environmental Due Diligence Rule For Property Transactions

Miller Canfield on

For the second time in a year, the U.S. Environmental Protection Agency (EPA) proposed to amend the “all appropriate inquiry” rule under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). ...more

Pullman & Comley, LLC

EPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule

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On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate...more

Perkins Coie

EPA Issues Proposed Rule to Remove Reference to ASTM E1527-05 in All Appropriate Inquiries Rule

Perkins Coie on

On June 17, 2014, the U.S. Environmental Protection Agency published a proposed rule to amend the standards and practices for complying with the “All Appropriate Inquiries” rule under the Comprehensive Environmental Response,...more

Davis Wright Tremaine LLP

EPA Proposes to Amend All Appropriate Inquiries Rule to Remove References to 2005 ASTM Standard for Phase 1 Assessments

Yesterday, the EPA published for comment notice of its intent to amend the “All Appropriate Inquiries Rule,” 40 CFR part 312, to remove references to ASTM E1527-05 “Standard Practice for Environmental Site Assessments: Phase...more

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