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
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
On August 28, the New Jersey Department of Environmental Protection (NJDEP) issued a “Per- and Polyfluoroalkyl Substances (PFAS) Sampling Fact Sheet” (Fact Sheet), setting forth several considerations for persons responsible...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
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
Certain Band-Aid bandages are the focus of a recently filed lawsuit. A complaint (filed in Moultrie, 3:24-cv-4757, (D.N.J. Apr. 10, 2024)) alleges that Band-Aid Flexible Fabric and Ourtone (BR45, BR55, and BR65) bandages...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
The U.S. Food and Drug Administration – acting under its Food Safety Modernization Act (FSMA), as amended, 21 U.S.C. § 2201 et seq., to address the safety of all FMSA-covered produce other than sprouts (Covered Produce) – on...more
NJDEP is tasked with a multitude of responsibilities including overseeing statewide environmental governance through the divisions of Water Resource Management, Air Quality Energy and Materials Sustainability, Contaminated...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
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
This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...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
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
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
Lara Beaven, of Inside PFAS Policy, has an excellent report on the Defense Department's motion to dismiss claims for injunctive relief against the military in the AFFF multi-district litigation continuing before Federal...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
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
The U.S. Navy and the Department of Justice have set a deadline of August 2024 for Camp Lejeune veterans who were diagnosed with cancer or other illnesses after serving at the marine base to file a claim and receive...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