News & Analysis as of

Clean-Up Costs

J.S. Held

Impact of the Clean Energy Transition on Asset Retirement Obligations and Environmental Cleanup Costs

J.S. Held on

Introduction: Hidden Challenges of Energy Transition - The evolution of energy transition in the United States has been driven, historically, by advances in new technology, fuel availability, fuel pricing, and, probably...more

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

Pulaski County, Arkansas Property: Arkansas Department of Energy & Environment - Division of Environmental Quality and Terraforma...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Terraforma Opportunity Zone Fund, LLC (“Terraforma”) entered into an April 30th Elective Site Cleanup Agreement (“ESCA”). See LIS...more

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

MG+M The Law Firm

Battle Over PFAS: Michigan Supreme Court Takes on Regulatory Challenge

MG+M The Law Firm on

On Friday, April 26, 2024, Michigan Supreme Court Justices accepted a briefing from the Homebuilders Association of Michigan in support of a manufacturer’s challenge to the State’s maximum containment levels for certain per-...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

Foley & Lardner LLP

U.S. EPA Finalizes Designation of Two PFAS Chemicals as Hazardous Substances Under CERCLA

Foley & Lardner LLP on

On April 19, the U.S. Environmental Protection Agency (EPA) released its long-awaited final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers,...more

Holland & Hart LLP

CERCLA Liability Heats Up: EPA Designates PFAS Chemicals Hazardous Substances

Holland & Hart LLP on

The designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances will likely result in litigation over the U.S. Environmental Protection Agency’s (EPA) Comprehensive...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Farella Braun + Martel LLP

A Familiar Name Among the Recent NPL Listings – the Now-Bankrupt Exide Technologies

Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive...more

Robinson Bradshaw

Federal Decision Throws a Wrench in EPA’s Use of Fraudulent Transfer Claims to Recover Environmental Cleanup Costs

Robinson Bradshaw on

On April 4, federal Judge Louise W. Flanagan granted a motion filed by Robinson Bradshaw to dismiss our clients from a high-profile environmental case. The decision marks a rare check on the Environmental Protection Agency’s...more

Fox Rothschild LLP

PADEP Proposes Key PFAS Amendments to Act 2 Regulations

Fox Rothschild LLP on

On March 12, 2024, the Pennsylvania Environmental Quality Board (EQB) approved the Pennsylvania Department of Environmental Protection’s (PADEP) proposal to amend the Land Recycling and Remediation Standards Act regulations...more

Allen Matkins

California Environmental Law & Policy Update 3.01.24

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) said on Thursday that it is delaying planned rules to curb emissions from existing natural gas plants. The agency said it is still on track to finalize rules for coal-fired power...more

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

FY 2023 Federal Environmental Enforcement/Compliance: U.S. Environmental Protection Agency Issues Summary Report

The United States Environmental Protection Agency (“EPA”) issued on December 18th a report titled: Enforcement and Compliance Annual Results for Fiscal Year 2023 (“Enforcement Report”)...more

Bennett Jones LLP

Update on Alberta's Renewables Pause: Expert Recommendations Provided on Module A Land Impact Issues

Bennett Jones LLP on

The Alberta Utilities Commission's (AUC) government-directed inquiry regarding the key issues of concern with renewable power projects in Alberta (the Inquiry) is underway. The focus of this post is Module A....more

Verrill

One Bad Apple Spoils the Whole Barrel: Do Not Mix a Potentially Contaminated Site With Other Assets

Verrill on

​​​​​​​When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets  Unfortunately, once title vests in an estate or...more

Bradley Arant Boult Cummings LLP

District Court Decision Highlights Importance of Prompt Notice of Claim

The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more

Cozen O'Connor

Decades of Alleged Pollution Leads to Largest Environmental Settlement in D.C. History

Cozen O'Connor on

District of Columbia AG Brian L. Schwalb settled with Potomac Electric Power Company (PEPCO) for $57 million, the largest environmental settlement in D.C. history, to resolve allegations that the energy company released toxic...more

Fox Rothschild LLP

Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA

Fox Rothschild LLP on

We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and...more

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

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Motion for Reconsideration Regarding Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in an August 29th Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc.,...more

Mintz

PFAS Rulings in South Carolina & Michigan shine a light on the fact we have no idea what removing PFAS from our environment is...

Mintz on

This week Judge Gergel tentatively approved the $1.2 billion settlement between DuPont (and related companies) and water suppliers now dealing with the fact that EPA and many States have concluded that the most minute...more

MG+M The Law Firm

North Carolina Attempts to Crack Down on PFAS Contamination

MG+M The Law Firm on

As EPA continues to review potential regulations for PFAS contamination in drinking water, some state regulatory bodies have decided not to wait for the federal government to act. North Carolina is the latest state to...more

McGlinchey Stafford

PFAS and the Clean Water Act: Considerations for Wastewater Treatment Plants

McGlinchey Stafford on

The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more

Tonkon Torp LLP

New Law Imposes Liability on Landowners for Cleanup of Illegal Cannabis Facilities

Tonkon Torp LLP on

As predicted, the Oregon Legislature took action this past session to crack down on landowners who lease their land to illegal cannabis growers. Governor Kotek signed SB 326 into law last month, and its emergency clause makes...more

Perkins Coie

CERCLA Contribution Action Not Barred by Claim Preclusion

Perkins Coie on

Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are...more

MG+M The Law Firm

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

MG+M The Law Firm on

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

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