News & Analysis as of

Remediation Superfund

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

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The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...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

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,...

Lead Contamination/Duty to Warn: Indiana Court of Appeals Addresses Claims Related to State Agencies

The Court of Appeals of Indiana (“Court”) addressed in a June 10th Opinion issues relating to lead contaminated soil in a residential area. See State v. Alvarez by next friend Alvarez, 2020 WL 3068449 (Ind. Ct. App. June 10,...more

Carlton Fields

Supreme Court Remediates CERCLA's Exclusivity Provisions

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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

Downey Brand LLP

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

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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

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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

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Roundup – April 2019

Besides showers, this April brought a number of notable new environmental decisions issued by the federal courts. ...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

Davis Wright Tremaine LLP

EPA Superfund Task Force – Will Anything Really Change?

The EPA Superfund Task Force was commissioned by then Administrator Scott Pruitt to develop recommendations for sweeping changes to the Superfund process to provide more clarity and efficiency to the process. The task force...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

Miles & Stockbridge P.C.

Despite Efforts to Roll-Back Other Program Requirements, EPA Administrator Scott Pruitt Continues to Prioritize Superfund Cleanups

U.S. Environmental Protection Agency (“EPA”) Administrator Scott Pruitt has made it clear that one of his top priorities during his tenure is to expedite cleanups at contaminated sites across the country. To achieve this goal...more

Miles & Stockbridge P.C.

EPA’s Task Force Recommendations to Revamp and Expedite Superfund Cleanups and Process – A Welcome Change

While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers...more

Williams Mullen

Environmental Notes - December 2016

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The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

Seyfarth Shaw LLP

EPA Takes Positions on Vapor Intrusion

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In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion. First, it announced it had submitted a draft rule to the White House OMB seeking to...more

Robinson & Cole LLP

Superfund Divisibility Defense Gets New Life

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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection...more

Foley Hoag LLP - Environmental Law

CERCLA Cost Recovery v. Contribution Again: It’s Still Unfair

Parties in CERCLA cases continue to deal with the consequences of the Supreme Court decisions in Aviall and Atlantic Research which essentially created two classes of PRPs: (1) PRPs who entered into CERCLA settlements with...more

Burr & Forman

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

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As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

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