Natural Resource Damages & Environmental Justice
Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
What are PFAS and Why Should We Care?
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses how...more
Three years after a massive spill at a Los Angeles wastewater facility sent millions of gallons of sewage into Santa Monica Bay, the city has agreed to spend more than $20 million on improvements to remedy the environmental...more
Effective February 13, 2024, prospective purchasers and ground tenants of commercial and industrial property seeking liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act...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 Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...more
On April 12, 2024, two days after EPA issued a final rule setting standards for certain per- and polyfluoroalkyl substances (PFAS) in public drinking water, the White House Office of Management and Budget (OMB) concluded its...more
On April 8, 2024, the EPA Administrator signed the final rule establishing drinking water standards, also known as MCLs, for six PFAS (PFOA, PFOS, PFNA, GenX (HFPO-DA), PFHxS, and PFBS). The final MCLs for PFOA and PFOS are...more
The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more
This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. The story notes that EPA is...more
Because the courts have interpreted the 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., as a strict liability statute holding owners in the chain of title liable...more
Background - An MDL was formed in South Carolina in 2018 to litigate allegations of PFAS contamination from the use of specific PFAS-containing Aqueous Film-Forming Foam (AFFF MDL). In the past year, two defendants —...more
As expected, 2023 was an expansive year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took (or at least proposed)...more
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more...more
The United States Senate Environment & Public Works Committee (“Committee”) has moved to the full Senate legislation titled: Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (“Mines Act”)...more
Working as part of a transactional team here at Burns & Levinson, the attorneys in the Environmental Group assist with due diligence activities and provide guidance on contractual language to document accurate representations...more
Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis. The article reported on the gnashing of teeth among the regulated community at...more
Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more
Imagine it’s August 2024 and you just got the dreaded news from a colleague that a government agency suspects that there are hazardous substances on a new property your company just bought. Even worse, your colleague just...more
PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals...more
In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more
The United States Environmental Protection Agency (“EPA”) announced in a May 25th news release that it is providing $215 million to expedite the assessment and cleanup of Brownfield sites....more
On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment...more
May 10, 2023 Shareholder On May 5, 2023, the Environmental Protection Agency (EPA) announced a new funding program to assist Alaska Native entities to address and remediate contaminated lands in Alaska....more
The U.S. EPA published its PFAS Strategic Roadmapbooklet in October 2021 and, true to its word, has come very close to meeting most of its self-imposed deadlines to tackle the truly difficult environmental- and human-health...more