News & Analysis as of

Environmental Protection Agency (EPA) Liability Comprehensive Environmental Response, Compensation and Liability Act

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

Prospective Purchaser Agreement: U.S. Environmental Protection Agency Public Notices Settlement Addressing St. Joseph, Missouri...

The United States Environmental Protection Agency (“EPA”) published in the August 7th Federal Register notice of a proposed Prospective Purchaser Agreement (“PPA”) with the City of St. Joseph, Missouri (“St. Jospeh”). See 89...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

Farella Braun + Martel LLP

Do You Have Trust (or Estate) Issues Due to PFAS Chemicals Being Designated as Hazardous Substances Under CERCLA?

Among the wide-ranging impacts of EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA may be increased liability for trustees and beneficiaries of...more

Dechert LLP

Dechert Re:Torts - Issue 15

Dechert LLP on

Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

Holland & Hart LLP

CERCLA Liability Heats Up: EPA Designates PFAS Chemicals Hazardous Substances

Holland & Hart LLP on

The designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances will likely result in litigation over the U.S. Environmental Protection Agency’s (EPA) Comprehensive...more

Farella Braun + Martel LLP

ASTM E1527–21 Is Now the Required ASTM Standard for All Appropriate Inquiries

As of February 13, 2024, ASTM E1527–21 is the required ASTM standard for All Appropriate Inquiries (AAI) in real estate transactions. Conducting AAI is required to establish the innocent landowner defense, as well as the bona...more

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

PFAS CERCLA (Superfund) Liability: Congressional Letter Requesting Equal Treatment (Enforcement Discretion) for Privately...

Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately...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

Mintz

A rose or PFAS by any other name . . . .

Mintz on

With apologies to Mr. Shakespeare, and respect to the American Water Works Association, PFOS and PFOA, only two of the hundreds of "forever chemicals" collectively known as PFAS, are either as concerning as the hundreds of...more

King & Spalding

M&A, Real Estate and Other Transactions

King & Spalding on

While sophisticated transaction parties have been aware for some time of the need to evaluate potential liabilities associated with PFAS compounds, EPA’s proposal to designate PFOS and PFOA as hazardous substances under...more

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

PFAS/CERCLA Liability: Ten Water Sector Associations Request Exemption

Ten water sector associations sent an April 28th joint letter to key United States Senate and House of Representatives Committee Chairmen and Ranking Members seeking an exemption from the Comprehensive Environmental Response,...more

Pillsbury - Policyholder Pulse blog

PFAS Enforcement and Liability Is on the Rise—Insurance Can Help

A key component of a company’s risk management function is to keep a close eye on new and developing sources of liability and to put in place appropriate insurance to respond in the event those liabilities ripen. In recent...more

Saul Ewing LLP

Supreme Court Holds That CERCLA Contribution Claims Are Triggered by Resolution of Express CERCLA Liability

Saul Ewing LLP on

This week the Supreme Court decided Territory of Guam v. United States, No. 20-382 (U.S. May 24, 2021), and held that contribution claims under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

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