News & Analysis as of

Remediation Contamination

Saul Ewing LLP

NJDEP Proposes Amendments to Ground Water Quality and Remediation Standards

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On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality...more

Cozen O'Connor

Virginia AG: Monsanto to Pay $80 Million to Remediate PCB Contamination

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Virginia AG Jason Miyares reached an $80 million settlement with Monsanto Co. to resolve allegations that the company’s distribution of polychlorinated biphenyls (PCBs) caused environmental contamination in the state....more

BCLP

PFAS Update: State Soil Concentration Regulations - July 2023

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In the absence of binding federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for site...more

Womble Bond Dickinson

New N.C. Regulatory Proposal Puts Burden of PFAS Clean-Up Costs on Polluters, Not Ratepayers

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PFAS contamination in drinking water is under increasing regulatory scrutiny, not only from the EPA and other federal agencies, but state regulatory bodies across the country. The latest development comes from North Carolina,...more

Cozen O'Connor

PFAS-t and Furious: Five More AGs Sue “Forever Chemical” Manufacturers

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Arizona AG Kris Mayes, Maryland AG Anthony G. Brown, Oregon AG Ellen Rosenblum, Rhode Island AG Peter Neronha, and Washington AG Bob Ferguson filed separate lawsuits against manufacturers of per- and polyfluoroalkyl...more

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

Environmental Transactional Issue: New Jersey Appellate Court Addresses Contractual Dispute Over Responsibility for Petroleum...

Co-Author: Jenna Davidson The Superior Court of New Jersey, Appellate Division (“Appellate Court”) addressed in a May 11th Opinion a breach of contract claim concerning remediation of multiple environmental conditions...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

Patton Sullivan Brodehl LLP

Local Government Agencies Can Be “Alter Egos” Too

...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...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

MG+M The Law Firm

Threat of Zero-Allowance Regulations Loom for Forever Chemicals

MG+M The Law Firm on

For many years, per- and polyfluoroalkyl substances (PFAS) have been ubiquitous in American commerce and industry. That ubiquitous use, and the fact that PFAS chemicals do not break down in the environment, has led to the...more

BCLP

PFAS Update: State-by-State Regulation of PFAS Substances in Groundwater - April 2022

BCLP on

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...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

Bennett Jones LLP

New Policies May Drive Increased Use of In-Situ Remediation Technology

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The Alberta Energy Regulator introduced the proposed Manual XXX: Contamination Management on July 7, 2021. This manual is intended to assist companies in understanding the requirements and expectations under the Remediation...more

Downey Brand LLP

OEHHA Issues Highly Anticipated Draft Public Health Goals for PFOA and PFOS in Drinking Water

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Last week, the Office of Environmental Health Hazard Assessment (OEHHA) released draft public health goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. OEHHA’s...more

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

Transactional Issues/Remediation: Pennsylvania Court Addresses Whether Imposition of Environmental Covenant Constitutes Material...

The Superior Court of Pennsylvania (“Court”) addressed in a June 30th Opinion issues arising out of the sale and financing of a service station (“Property”). See Schluth v. Krishavtar, Inc., No. 2013 EDA 2019, 2020 WL...more

Baker Donelson

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

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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

Farella Braun + Martel LLP

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Applies Notice-Prejudice Rule to Violation of First-Party Consent Provision as a Predicate to Policy...

Pitzer College v. Indian Harbor Insurance Company, — P.3d –, 2019 WL 4065521 (2019); California Supreme Court, Case No. S239510 (Aug. 29, 2019). On certified questions by the Ninth Circuit Court of Appeals, the California...more

White and Williams LLP

California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law...

On August 29, 2019, in Pitzer College v. Indian Harbor Insurance Company, 2019 Cal. LEXIS 6240, the California Supreme Court held that, in the insurance context, the common law “notice-prejudice” rule is a “fundamental public...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

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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

Cole Schotz

TT&E: Tax, Trusts And…Environmental?

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Whenever estate planning involves the transfer of a business or real estate, environmental issues can be important drivers. Owners and operators of real property are strictly liable for the remediation of any contamination on...more

Davis Wright Tremaine LLP

Seventh Circuit Affirms Both RCRA Liability and Denial of Injunctive Relief

In LAJIM LLC v. General Electric, in both the district court and on appeal, the plaintiff both won and lost. The U.S. Court of Appeals for the Seventh Circuit readily affirmed the federal district court’s grant of summary...more

Beveridge & Diamond PC

New Mexico Federal Court Allows Tort Claims Against EPA Contractor in Gold King Mine Release

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Highlighting limits on pre-trial motions arguing CERCLA preemption of state common law claims, a New Mexico federal court denied a motion to dismiss plaintiffs’ tort claims arising from a 2015 release of impounded water from...more

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