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
For the last 40 years, the Connecticut Transfer Act has primarily driven the remediation of contaminated property in Connecticut—this will change early next year. Currently, the Connecticut Transfer Act (Conn. Gen. Stat....more
The Rhode Island Department of Environmental Management (RIDEM) has announced the release of the 2025 Guidelines and Request for Proposals (RFP) for the Brownfields Remediation and Economic Development Fund Grants....more
On January 15, 2025, the United States Environmental Protection Agency (“EPA”) published its “Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” (“Draft Risk...more
In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more
On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C....more
In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers...more
“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
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
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 Georgia Brownfield Association (GBA) held its 10th annual Brownfield Seminar on April 9th, bringing together leaders from the legal, engineering, and government sectors who share an interest in furthering the...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
Having previously written about the importance of Prospective Purchaser Agreements when purchasing contaminated property in Oregon, I wanted to follow up with two additional and sometimes overlooked details: Although...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
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
The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect...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
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
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
On September 1, 2023, MassDEP issued final amendments to the Massachusetts Contingency Plan (“MCP”), the regulations governing the cleanup of releases of hazardous material and oil spills at contaminated properties. The MCP...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
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
This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more