News & Analysis as of

Environmental Liability Environmental Protection Agency (EPA)

Verrill

Better Communication Among Regulators and the Regulated Can Improve Outcomes for Wastewater Permittees

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As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...more

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

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

Goldberg Segalla

[Webinar] Environmental Inquiries and Inspections: Be Prepared to Respond - May 2nd, 12:00 pm - 1:00 pm EDT

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Whether it’s the Environmental Protection Agency, OSHA, or a state environmental regulator, facing an information request or site inspection can be unnerving. Join Goldberg Segalla partner Sarah B. Mangelsdorf as she reviews...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Clark Hill PLC

EPA Changes Requirements For Bona Fide Prospective Purchaser To Conform With Updated ASTM E1527-21 Standard

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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

Troutman Pepper

North Carolina Court Rules Predecessor Company Liable If AG’s Environmental Lawsuit Succeeds

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In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more

Robinson+Cole Environmental Law +

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more

Nossaman LLP

EPA Takes Next Step in PFAS Regulations – Proposing Adding Nine PFAS as Hazardous Constituents

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On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery...more

Brownstein Hyatt Farber Schreck

Buying Property? Make Sure Your Phase I ESA Is Worth the Paper It’s Printed On

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

Brownstein Hyatt Farber Schreck

EPA Delays PFAS CERCLA Designation, Other PFAS Regulatory Efforts on Schedule

The Environmental Protection Agency’s (EPA) Spring 2023 Unified Agenda, released on June 13, 2023, extends EPA’s estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS)—namely...more

Bilzin Sumberg

New EPA Standard for Environmental Site Assessment

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On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”)....more

Ward and Smith, P.A.

Final(ly) Adoption by the US EPA of Revised Standards and Practices for All Appropriate Inquiries

Ward and Smith, P.A. on

The United States Environmental Protection Agency ("EPA") adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022.  The updated standard adds more refined investigation and...more

Miles & Stockbridge P.C.

With U.S. EPA’s Approval of ASTM E1527-21, a Revised Standard for Environmental Site Assessment Should Be Used

The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I...more

Maron Marvel

U.S. EPA Issues Final Rule Updating Standards for All Appropriate Inquiries

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On December 15, 2022, EPA issued a final rule amending the All Appropriate Inquiries Rule (AAI Rule), 40 CFR part 312, to recognize the updated ASTM International standard for conducting Phase I environmental site assessments...more

Quarles & Brady LLP

New Phase I Standard ASTM E1527-21 Authorized for All Appropriate Inquiries Starting February 13, 2023

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On December 15, 2022, the United States Environmental Protection Agency (“EPA”) issued a final rule authorizing ASTM E1527-21 as compliant with the all appropriate inquiries (“AAI”) provisions of the Comprehensive...more

Bricker Graydon LLP

EPA amends rule which incorporates the new ASTM E1527-21 standard into its standards and practices for all appropriate inquiries

Bricker Graydon LLP on

On December 15, 2022, the U.S. EPA took final action to amend the Standards and Practices for All Appropriate Inquiries to reference ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I...more

Womble Bond Dickinson

Proposed EPA Rule Would Designate Two PFAS Chemicals as Hazardous Substances Under CERCLA

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​​​​​​​On August 26, the EPA published a proposed rule that would designate PFOS and PFOA chemicals as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act...more

Jones Day

Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions

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Partner Jane Borthwick Story talks about EPA Superfund sites, sorting out a company’s responsibilities related to a cleanup, how previous transactions can relate to liability, and the value of a long-term relationship with...more

Maron Marvel

Navigating PFAS "Reopener" Liabilities

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In recent years, there has been no shortage of articles and conferences on the coming wave of PFAS litigation, and with good reason. Heightened scrutiny and tightening regulation by USEPA, the ever-growing AFFF MDL, and the...more

Akerman LLP

Effect of New Phase I Standard Already Being Seen in Environmental Due Diligence

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The U.S. Environmental Protection Agency (EPA) is in the process of rulemaking to adopt a new national standard for Phase I environmental site assessments. While the EPA had hoped to adopt the new Phase I standard more...more

Arnall Golden Gregory LLP

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more

Miles & Stockbridge P.C.

Lead Contamination Remains a Significant Issue at Outdoor Shooting Ranges, Prompting Environmental Law Citizen Suits

Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a...more

Perkins Coie

EPA Adopts New ASTM Standard for Phase I Environmental Site Assessments

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The U.S. Environmental Protection Agency, on March 14, 2022, issued both a final rule incorporating revised ASTM International standard practices, ASTM International’s E1527–21 ‘‘Standard Practice for Environmental Site...more

(ACOEL) | American College of Environmental...

All (New and Improved?) Appropriate Inquiry

ASTM announced revisions to its standard practice for Phase I environmental site assessments (E1527-21) on November 1, 2021 (the “Standard”). They will take effect on January 1, 2022, with publication and adoption by the U.S....more

Woodruff Sawyer

Environmental Insurance: Can You Afford Not to Purchase It?

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Most real estate being bought, sold, and developed in the United States is not raw, virgin land. The significant majority has a history: agricultural, commercial, industrial, mixed use, residential, etc. ...more

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