Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
The overturning of the “Chevron Doctrine” is already making waves. The US Air Force is refusing to comply with an EPA clean-up order, claiming federal regulators lack authority. In brief, here is the timeline of events: •...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a January 31st Opinion a dispute between two Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund or...more
The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive...more
Partner Jane Borthwick Story talks about EPA Superfund sites, sorting out a company’s responsibilities related to a cleanup, how previous transactions can relate to liability, and the value of a long-term relationship with...more
We’ve all read about the recent reinstatement of the taxes that fund the Comprehensive Environment Response, Compensation, and Liability Act (CERCLA). The new taxes are hitting the books as of July 1, 2022....more
Early in 2021, we wrote about potential insurance implications that could arise from the then-new Biden Administration’s expected regulatory priorities. Among other things, we noted that heightened scrutiny on coal ash was...more
On November 1, 2021, the American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action approved a new standard for conducting real estate due diligence Phase I...more
The Senate’s bipartisan infrastructure bill, which passed Aug. 10, contains a provision that would bring back an excise tax that expired in 1995 on a lengthy list of raw chemicals. House Democrats also want it to cover crude...more
In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for...more
The US Environmental Protection Agency (EPA) recently announced a site-specific review that has broader implications for Superfund site cleanups with radionuclide contamination. The EPA is reviewing a Trump-era decision on...more
In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises...more