News & Analysis as of

Contaminated Properties Soil

Lowenstein Sandler LLP

NJDEP Issues Fact Sheet on PFAS Environmental Sampling

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

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

Holland & Knight LLP on

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

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already...

Mintz on

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

Allen Matkins

California Environmental Law & Policy Update - 3.03.23 - #1

Allen Matkins on

Idaho has joined a Texas lawsuit over a new interpretation of the Clean Water Act’s “waters of the United States” (WOTUS) rule, alleging that it is too vague, oversteps the bounds of federal authority, and puts the liberties...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP Publishes Interim Soil Remediation Standards for PFAS

What You Need to Know- •NJDEP has established interim soil remediation standards for four per- and polyfluoroalkyl (PFAS) soil contaminants, effective immediately. •The new standards require the investigation of the...more

Blake, Cassels & Graydon LLP

B.C. Significantly Increasing Soil Relocation Requirements

Changes to British Columbia’s Environmental Management Act (EMA) and Contaminated Sites Regulation (CSR) will introduce a new regime governing soil relocation in B.C. The changes will increase testing requirements prior to...more

Greenbaum, Rowe, Smith & Davis LLP

An Update On NJ’s Dirty Dirt Law: DEP Issues New Compliance Advisory With Updated Registration And Licensing Deadlines For...

On September 10, 2021, the New Jersey Department of Environmental Protection (DEP) issued a Compliance Advisory announcing updated deadlines and filing requirements for “business concerns” that are engaged in soil and fill...more

Blake, Cassels & Graydon LLP

New B.C. Rules for Contaminated Sites May Significantly Impact Businesses

On February 1, 2021, amendments to British Columbia’s Environmental Management Act and Contaminated Sites Regulation will come into force, changing the process for identifying contaminated sites in B.C. The changes will...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

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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

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

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

McGlinchey Stafford

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on

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

(ACOEL) | American College of Environmental...

When Does “Responsible” Mean Never Having To Say You’re Sorry To CERCLA?

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

Pullman & Comley, LLC

ALERT: Connecticut DEEP seeks to Overhaul Remediation Standards

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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

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Pierce Atwood LLP

Maine PFAS Tracker - Maine Standards and Proposed Actions

Pierce Atwood LLP on

Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Soil Testing/Environmental Assessment Question: January 9th Commonground Forum Question

The blog Commonground addressed a question regarding sampling at a leaking petroleum underground storage tank site....more

McCarter & English, LLP

Coal Plant Shutdowns: Taking Steps to Control the Reopener

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Operators shutting down coal-fired plants would be wise to plan ahead for potential future remediation obligations – aka the “reopener.” Predicting these obligations may be quite difficult, but operators can implement...more

Seyfarth Shaw LLP

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Morgan Lewis

Ninth Circuit Holds Air Emissions Not Covered by CERCLA

Morgan Lewis on

Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more

Latham & Watkins LLP

New Chinese Soil Pollution Law Planned for 2017 Could Be Accelerated

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On April 17, 2016, China Central Television (CCTV), the country’s state-run broadcast network, aired a report claiming that nearly 500 students apparently developed illnesses (including leukemia) at a school built on...more

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