News & Analysis as of

Environmental Policies Comprehensive Environmental Response, Compensation and Liability Act Contaminated Properties

K&L Gates LLP

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

K&L Gates LLP on

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

Foley Hoag LLP - Environmental Law

Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?

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

BCLP

2023 Federal PFAS Regulatory Recap

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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

Alston & Bird

PFAS Primer Quarterly Update: 2023 Q4 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more...more

Foley Hoag LLP - Environmental Law

What Will Be the Real Consequences of an EPA Decision to List PFAS as Hazardous Substances Under CERCLA?

Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis. The article reported on the gnashing of teeth among the regulated community at...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

Steptoe & Johnson PLLC

PFAS/Emerging Contaminants Handbook

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

Hinshaw & Culbertson LLP

U.S. EPA Publishes Final Rule Updating the Phase I Environmental Site Assessment Standard Under CERCLA

On December 15, 2022, the United States Environmental Protection Agency (EPA) published the Final Rule, entitled "Standards and Practices for All Appropriate Inquiries," updating the Phase I Environmental Site Assessment...more

Goldberg Segalla

Pandora’s Reopener Box: Lying in Wait when PFAS Compounds Become “Hazardous Substances” under CERCLA

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The U.S. EPA published its PFAS Strategic Roadmapbooklet in October 2021 and, true to its word, has come very close to meeting most of its self-imposed deadlines to tackle the truly difficult environmental- and human-health...more

Miller Nash LLP

Prospective Purchaser Agreements: The Importance of PPAs When Purchasing Contaminated Oregon Properties

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Purchasers of contaminated property are often familiar with obtaining a Phase 1 Environmental Site Assessment (ESA) in the hopes of maintaining the CERCLA bona fide prospective purchaser defense, but sometimes they overlook...more

Miller Nash LLP

EPA Approves the Use of ASTM E1527-21 for the All Appropriate Inquiries Requirement

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On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM...more

Farrell Fritz, P.C.

It’s Official! ASTM E1527-21 is the New Phase I Environmental Site Assessment Standard

Farrell Fritz, P.C. on

The Phase I Environmental Site Assessment (“ESA”) is the quintessential environmental diligence tool for transactions involving real property.  A Phase I ESA includes a site inspection and review of current and past uses and...more

Greenberg Glusker LLP

“Much left unsaid” – A Primer on Environmental Due Diligence for Real Estate Transactions

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Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...more

Keating Muething & Klekamp PLL

New ASTM Standard Recognized by U.S. EPA for Phase I Reports

For transactions in 2023 and going forward, parties who purchase property will want to be aware of an update applicable to Phase I reports. By final rule issued on December 15, 2022, the U.S. Environmental Protection Agency...more

Bilzin Sumberg

New EPA Standard for Environmental Site Assessment

Bilzin Sumberg on

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

BCLP

PFAS Update: 2022 Federal PFAS Regulatory Recap

BCLP on

As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more

MG+M The Law Firm

Challenges of Applying Superfund Law to PFAS

MG+M The Law Firm on

In September 2022, the US Environmental Protection Agency (EPA) proposed the designation of two per- and poly-fluoroalkyl substances (PFAS) as hazardous chemicals under the Comprehensive Environmental Responses, Compensation,...more

WilmerHale

Potential Impacts Of The EPA's Designation Of PFAS As Hazardous Substances

WilmerHale on

Designation of PFAS as Hazardous Substances - On September 6, 2022, the Environmental Protection Agency (EPA) designated two per- and polyfluoroalkyl substances (collectively, PFAS) as “hazardous substances” under the...more

Robinson+Cole Manufacturing Law Blog

EPA Proposes to Designate PFOS and PFOA as CERCLA Hazardous Substances

Last week, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a Proposed Rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation,...more

Stinson LLP

PFAS Chemicals Slated to Become CERCLA Hazardous Substances

Stinson LLP on

On August 26, 2022, the U.S. Environmental Protection Agency (EPA) released a pre-publication copy of its long-awaited proposed rule to add the two most well-known and well-studied PFAS compounds—perflourooctanoic acid (PFOA)...more

Morgan Lewis

The Wait Is Over: EPA Proposes Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

Morgan Lewis on

In the first designation of its kind, the US Environmental Protection Agency (EPA) released a pre-publication proposed rule on August 26, 2022, designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Goulston & Storrs PC

After EPA Rule Changes, Which ASTM Phase I ESA Standard Should You Use?

Goulston & Storrs PC on

On November 1, 2021, ASTM International released its revised standard for Phase I Environmental Site Assessments. On March 14, 2022, the U.S. Environmental Protection Agency (the “EPA”) published a Direct Final Rule that...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

Harris Beach PLLC

EPA to Adopt New Phase I Environmental Site Assessment Standard

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Lenders need to consider the scope and extent of the Phase I Environmental Site Assessment (“Phase I ESA”) they routinely utilize in connection with the acquisition and financing of real estate projects. The Environmental...more

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