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Environmental Protection Agency (EPA) Contaminated Properties Site Remediation

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

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

Good Samaritan Remediation of Abandoned Hardrock Mines Act: U.S. Senate Environment & Public Works Committee Advances Legislation

The United States Senate Environment & Public Works Committee (“Committee”) has moved to the full Senate legislation titled: Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (“Mines Act”)...more

Verrill

Greening the Deal: Environmental Due Diligence for Corporate and Real Estate Transactions

Verrill on

Working as part of a transactional team here at Burns & Levinson, the attorneys in the Environmental Group assist with due diligence activities and provide guidance on contractual language to document accurate representations...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

Katten Muchin Rosenman LLP

New ASTM Standard for Phase I Environmental Site Assessments Takes Legal Effect: What This Means for Scoping Due Diligence

Today, February 13, the American Society for Testing and Materials (ASTM) International E1527-21 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" becomes the modern legal...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

Greenberg Glusker LLP

At Last - EPA Approves the New ASTM Phase I Environmental Site Assessment Standard

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On December 15, 2022, the United States Environmental Protection Agency (EPA) took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments. As previously noted, ASTM...more

Robinson+Cole Environmental Law +

Changes to PCB Remediation Expected Under Proposed Rule

On October 22, 2021, EPA published a proposed rule that would, if adopted, provide a significantly enhanced additional pathway for remediation of sites impacted by polychlorinated biphenyls or PCBs....more

Nossaman LLP

Podcast: CERCLA at 40: The Monster That Often Eats the Village

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Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began...more

Morgan Lewis - Up & Atom

EPA Announces Review of Trump Administration Decision on Nuclear Cleanup

The US Environmental Protection Agency (EPA) recently announced a site-specific review that has broader implications for Superfund site cleanups with radionuclide contamination. The EPA is reviewing a Trump-era decision on...more

(ACOEL) | American College of Environmental...

Transforming a 3000 Acre Steelmaking Complex from Hazardous Waste Site to a Restoration Success

In 1959 Bethlehem Steel’s Sparrows Point facility, located on the Patapsco River near the mouth of Baltimore Harbor, was the biggest steelmaking facility in the world. With close to 40,000 employees, Sparrows Point over many...more

Williams Mullen

Atlantic Richfield Company v. Christian - One Year Later

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Following the United States Supreme Court’s decision in Atlantic Richfield Company v. Christian, commentators warned the decision would allow a new category of state law actions challenging EPA-approved clean-ups. One year...more

Sullivan & Worcester

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

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Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About, Part 2

Benesch on

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability. Over time, many companies and their legal...more

Benesch

Superfund Defenses That The Government Hopes You Don't Know About - Part 1

Benesch on

With its imposition of strict, joint and several, and retroactive liability, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), also known as the Superfund statute, has raised...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #4

Allen Matkins on

Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more

Allen Matkins

California Environmental Law & Policy Update - September 2020

Allen Matkins on

Contaminated groundwater plume in north Orange County placed on federal Superfund list - Orange County Register – September 1 - A five-square-mile plume of contaminated groundwater in north Orange County has been...more

Greenbaum, Rowe, Smith & Davis LLP

Atlantic Richfield v. Christian: Despite Initial Concerns, SCOTUS Decision Does Not Open Floodgates for State Court Challenges to...

Prior to April 2020, it seemed clear under prevailing federal case law that a disgruntled person could not use a state court lawsuit to change an environmental remedy approved by the U.S. Environmental Protection Agency (EPA)...more

Holland & Knight LLP

EPA Clarifies Superfund Liability Protections for State and Local Governments

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The U.S. Environmental Protection Agency (EPA) issued important guidance (EPA's Guidance) on June 15, 2020, clarifying the recently amended exemption of state and local governments from the definition of an "owner"...more

(ACOEL) | American College of Environmental...

EPA Is The CERCLA Gatekeeper: Plaintiffs Need EPA Approval To Seek State Court Damages For Restoration

Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the proposed restoration work....more

Troutman Pepper

State Law Claims and CERCLA Remedial Actions: Making the Best of a Bad Decision

Troutman Pepper on

The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more

Holland & Knight LLP

Environmental Due Diligence in the Wake of Atlantic Richfield

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The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more

Holland & Knight LLP

Supreme Court's Decision in Atlantic Richfield: Tip of the Iceberg or Tempest in a Teapot?

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In Atlantic Richfield Company v. Christian, a decision issued on April 20, 2020, the U.S. Supreme Court decided that state courts may hear state common law claims seeking to compel remediation beyond what the U.S....more

Schwabe, Williamson & Wyatt PC

With EPA Approval, Landowners May Bring State Law Claims for Remedial Action in Addition to Ongoing Superfund Cleanup

Last month, the U.S. Supreme Court determined that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preclude Montana residents from bringing state common law claims to recover the...more

Williams Mullen

Supreme Court Ruling Creates CERCLA Uncertainty

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The United States Supreme Court recently decided a case that will create considerable uncertainty for companies involved with cleanups under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,...more

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