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
A broad range of reactions – from celebratory to alarmist – describe the workforce reductions and regulatory rollbacks proposed or currently underway at the U.S. Environmental Protection Agency (EPA). Notable concerns...more
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
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
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
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
Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal...more
As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began...more
Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more
With its imposition of strict, joint and several, and retroactive liability, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund statute, has raised...more
On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more
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
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
On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more
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
The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more
On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more
The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more
The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 9th news release indicating that a Brownfield Certificate of Completion will be issued to a City of Hot Springs, Arkansas, Brownfield which is the...more
In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act, RCW 70.105D (MTCA). In Pope Resources, LP v. Wash. Dept. of Natural Resources, the court...more