News & Analysis as of

Remediation Comprehensive Environmental Response, Compensation and Liability Act

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

Prospective Purchaser Agreement: U.S. Environmental Protection Agency Public Notices Settlement Addressing St. Joseph, Missouri...

The United States Environmental Protection Agency (“EPA”) published in the August 7th Federal Register notice of a proposed Prospective Purchaser Agreement (“PPA”) with the City of St. Joseph, Missouri (“St. Jospeh”). See 89...more

McGlinchey Stafford

EPA Test Methods 1633 and 1621 Shape Future of PFAS Management

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The U.S. Environmental Protection Agency (EPA) finalized Test Methods 1633 and 1621, environmental sampling methods for analyzing up to 40 target per- and polyfluoroalkyl substances (PFAS) in soil, groundwater, and other...more

Morgan Lewis

What to Know About Environmental Liabilities in Bankruptcy

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One of the primary goals of bankruptcy law is to provide debtors with a fresh start by imposing an automatic stay and allowing for claims of reorganizing debtors to be discharged. In environmental law, a primary goal is to...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already "closed"...

Mintz on

Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more

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

BCLP

PFAS Update: 2022 Federal PFAS Regulatory Recap

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As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more

Latham & Watkins LLP

EPA Proposes New Enforcement Initiative for PFAS

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The notice is another step in EPA’s PFAS Strategic Roadmap and emphasizes potential CERCLA enforcement. On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments on its...more

BCLP

PFAS and your business: remediating PFAS impacts

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EPA’s PFAS Strategic Roadmap identifies several avenues for organizations that have historically used or currently use PFAS to remediate these compounds or remove them from waste streams or drinking water. While there are...more

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

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On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Lathrop GPM

Biden Administration Unveils Strategic Roadmap to Address PFAS

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Earlier this week, the Biden Administration announced a monumental plan to address impacts stemming from per- and polyfluoroalkyl compounds (PFAS). While the announcement details the ongoing and future efforts of eight...more

Kilpatrick

CERCLA – EPA Sharpens CERCLA Enforcement Tools to Focus on Environmental Justice Communities.

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The Comprehensive Response Compensation and Liability Act (CERCLA or “Superfund”) imposes strict, joint and several liability on responsible parties for remediation of contaminated properties. As compared to other federal...more

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

Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope

The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more

Carlton Fields

Supreme Court Remediates CERCLA's Exclusivity Provisions

Carlton Fields on

In Atlantic Richfield Co. v. Christian, the Supreme Court recently held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not prevent state courts from exercising jurisdiction over...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

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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

Baker Donelson

Poison and Preemption: U.S. Supreme Court Considers Common Law Claims and CERCLA Remedies

Baker Donelson on

The Anaconda Smelter served southwestern Montana's mining industry for almost one hundred years before its closure in 1980. Today, the 585-foot "Big Stack" remains as one of the largest free-standing masonry structures in the...more

Downey Brand LLP

U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?

Downey Brand LLP on

The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more

Beveridge & Diamond PC

Superfund Task Force Final Report: A Superset of Recommendations

Beveridge & Diamond PC on

On September 9, EPA’s Superfund Task Force released its final report on recommendations to improve the Superfund program. This eighty-page document is the culmination of EPA’s efforts that began with the initiation of the...more

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

Superfund/CERCLA: U.S. Environmental Protection Agency Issues Task Force Final Report

The United States Environmental Protection Agency (‘EPA”) issued a “Final Report” from its Comprehensive Environmental Response, Compensation, and Liability Act/Superfund Task Force (“Task Force”). EPA had commissioned a...more

Williams Mullen

Superfund Neighbors Come Knocking

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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

Holland & Hart LLP

Potential Impacts of EPA's Draft Recommendations on PFAS

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On April 25, 2019, the Environmental Protection Agency (EPA) released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid and Perfluorooctane Sulfonate. Perfluorooctanoic acid...more

K&L Gates LLP

K&L Gates Carolinas Environmental Update: A quarterly update on environmental issues and solutions for clients in the Carolinas

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A quarterly update on environmental issues and solutions for clients in the Carolinas - WELCOME TO THE K&L GATES CAROLINAS ENVIRONMENTAL UPDATE - With experienced environmental attorneys in four offices across North...more

Beveridge & Diamond PC

EPA Publishes Draft Screening and Remediation Recommendations for Groundwater Contaminated with PFOA and PFOS

Beveridge & Diamond PC on

On April 25, 2019, the EPA published draft interim recommendations for screening and clean-up levels for groundwater contaminated with perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS). The draft...more

Pillsbury - Gravel2Gavel Construction & Real...

Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption

An unusual Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, known also as Superfund) remedial action has resulted in a broad ruling that Environmental Protection Agency (EPA) remedial actions and...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

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

Superfund/CERCLA: U.S. Environmental Protection Agency Announces One-Year Anniversary Task Force Accomplishments

The United States Environmental Protection Agency (“EPA”) issued a July 24th news release describing what it characterized as the “One-Year Anniversary Accomplishments.” The news release also reviews the federal agency’s...more

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