News & Analysis as of

Superfund Contaminated Properties Potentially Responsible Party (PRP)

WilmerHale

Potential Impacts Of The EPA's Designation Of PFAS As Hazardous Substances

WilmerHale on

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

Williams Mullen

Limitations Bar Superfund Contribution Action

Williams Mullen on

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

K&L Gates LLP

EPA Further Expands NPL List - Is Your Company a Potentially Responsible Party?

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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

Woods Rogers

Virginia DEQ Suspends Issuance of Landowner Liability “Comfort Letters”

Woods Rogers on

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

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

Lathrop GPM on

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

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

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

(ACOEL) | American College of Environmental...

When Does “Responsible” Mean Never Having To Say You’re Sorry To CERCLA?

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

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

Miles & Stockbridge P.C.

A New Budget, a New EPA Administrator, and New Uncertainty for Superfund Cleanups

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

WilmerHale

EPA Centralizes CERCLA Remedy Selection Authority

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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

Pillsbury - Gravel2Gavel Construction & Real...

Texas Court of Appeals Issues Important State Superfund Order

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

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