News & Analysis as of

Environmental Liability Environmental Protection Agency (EPA) Superfund

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

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

​​​​​​​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

Jones Day on

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

Bilzin Sumberg

EPA Issues Guidance for Cleanups During Pandemic

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On Friday, April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued interim guidance regarding when cleanup activities should be continued, reduced, or suspended in light of the COVID-19 pandemic....more

Miles & Stockbridge P.C.

Recent BUILD Act “Builds” on Existing Brownfields Program through Additional Liability Protection and Redevelopment Incentives

Despite last minute veto threats from the White House, the bipartisan Consolidated Appropriations Act of 2018 was signed into law earlier this year. Buried deep in this massive omnibus spending bill is a major win for...more

WilmerHale

Natural Resource Damages for the Entrepreneurial Practitioner: Innovations in NRD Assessment and Restoration

WilmerHale on

The natural resource damage assessment (NRDA) process has evolved since its inception in the late 1970s. The innovations keep coming. In 2016, a third-party “credit banking” mechanism was used for the first time to settle...more

Williams Mullen

Environmental Notes - March 2016

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U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

BakerHostetler

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

BakerHostetler on

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Burr & Forman

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

Burr & Forman on

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

Stinson LLP

Energy and Environmental Law Alert: Federal Court Rejects Attempt to Amend $700 Million Cleanup Remedy in Wisconsin

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On November 21, 2012, a federal court in Wisconsin refused to allow a group of defendants to force the EPA to formally amend a cleanup remedy issued under the federal Superfund law to allow for a $269 million cost increase....more

Foley Hoag LLP - Environmental Law

EPA Issues Two New Superfund Guidance Documents: Plus Ca Change, Plus C'est La Meme Chose

EPA recently released two guidance documents relevant to Superfund practitioners. One establishes revised procedures regarding how EPA will manage negotiations with PRPs. The second updates EPA's guidance on how it will...more

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