On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
PFAS: Increasing Regulations and Managing Legal Liability
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
One-on-One with David Fotouhi, Acting General Counsel at the EPA
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are...more
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
On Nov. 13, 2023, the U.S. Environmental Protection Agency’s (“EPA”) final rule went into effect requiring companies to report the manufacture or import of per- and poly- fluoroalkyl substances (“PFAS”), also known as...more
Delaware Attorney General Kathleen Jennings filed a lawsuit in late October against 14 defendant chemical companies for manufacturing and sale of fire-fighting foams that contained PFAS, known as “forever chemicals,” used...more
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2023. We will continue to update these graphics on a quarterly basis....more
Summary - The Environmental Protection Agency (EPA) recently finalized the Toxic Substances Control Act (TSCA) Reporting Rule for PFAS— its broadest regulation to-date on per- and polyfluoroalkyl substances (PFAS),...more
On August 22, the Michigan Court of Appeals upheld 3M Company’s challenge to rules announced by the Michigan Department of Environment, Great Lakes and Energy (EGLE) that regulate the amount of certain per- and...more
PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals...more
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the second quarter of 2023. ...more
Consent decrees play a major role in environmental litigation. This week, Maine People’s Alliance v. Holtrachem Manufacturing Company, one of the nation’s longest-running cases under the Resource Conservation and Recovery...more
Regulations continue to increase for "forever chemicals" classified as PFAS. Procopio Environmental Law group leader John Lormon and other knowledgeable speakers discuss current and pending regulations in California and the...more
On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam. Massachusetts joins a number of other states which have already brought similar...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged...more
The City of Portland and the Port of Portland are among the governmental entities that recently filed a proposed $550 million settlement to resolve part of a nationwide class action lawsuit against Monsanto Company,...more
Lawsuits present major liability risks to PFAS manufacturers and industries that historically used PFAS in their operations. Per- and polyfluoroalkyl chemicals (PFAS) are synthetic, human-made compounds that were...more
The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more
In the last year, litigation involving per- and polyfluoroalkyl substances (PFAS) has spiked across the nation. To date this litigation has been centered in eastern and mid-western states and the wave of litigation has yet to...more
In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more
The New Jersey Appellate Court recently upheld a spoliation claim against a plaintiff company that sued prior owners for violations of New Jersey’s Spill Compensation and Control Act and common law claims of nuisance and...more
In the wake of actions taken on August 5, 2015 by contractors for the United States Environmental Protection Agency (EPA) that resulted in the Gold King Mine Spill, western states that rely on water from the Animas River, the...more
Far too frequently, we are reminded just how hard judges must work to save CERCLA from itself. The decision last week in California River Watch v. Fluor Corporation is the most recent compelling example....more
In 1832, Abraham Lincoln said that ” it is better to be only sometimes right, than at all times wrong, so soon as I discover my opinions to be erroneous, I shall be ready to renounce them.” Judge Greisbach of Eastern...more