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

A&O Shearman

EPA takes sweeping action on PFAS in 2024

A&O Shearman on

The U.S. Environmental Protection Agency (EPA) recently took two significant actions on per- and polyfluoroalkyl substances (PFAS). First, it issued final National Primary Drinking Water Regulations (NPDWR) for six PFAS...more

ArentFox Schiff

EPA Proposals on PFAS Compounds and Hazardous Waste May Presage Opening the Floodgates for RCRA Regulation and Enforcement

ArentFox Schiff on

On January 31, the US Environmental Protection Agency (EPA) issued two proposed rules to facilitate the targeting of PFAS. The first proposed rule would add certain per- and polyfluoroalkyl substances (PFAS) compounds to...more

(ACOEL) | American College of Environmental...

Asbestos, for the Rest of Us…

Whether you celebrated Festivus, Christmas or any real or recently manufactured holiday this past season, as a former upstate New Yorker my thoughts inevitably turn to snow. But sadly, after decades working in the hazardous...more

BCLP

2023 Federal PFAS Regulatory Recap

BCLP on

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

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

Miller Nash LLP

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

Miller Nash LLP on

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

Foley Hoag LLP - Environmental Law

EPA Proposes Safe Drinking Water Act Standards for PFAS: Forever Chemicals Will Lead to Forever Superfund Sites

On March 14, 2023, EPA proposed to regulate certain PFAS under the Safe Drinking Water Act.  EPA proposed Maximum Contaminant Level Goals for PFOA and PFOS of zero.  It proposed Maximum Contaminant Levels for PFOA and PFOS of...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

Jenner & Block

PFAS in Consumer Products

Jenner & Block on

Developing a Proactive and Strategic Game Plan - Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses...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

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

Miles & Stockbridge P.C.

U.S. EPA Takes 3 Big Steps to Tighten Controls on PFAS Chemicals

In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more

J.S. Held

ASTM 1527-21 Phase I Environmental Site Assessment Standards Update Summary

J.S. Held on

On November 1, 2021, the American Society for Testing and Materials (ASTM) revised the standard for conducting Phase I Environmental Site Assessments (ESAs). The goal of an ASTM Phase I ESA is to identify the confirmed...more

Arnall Golden Gregory LLP

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more

Woods Rogers

EPA Proposes to Incorporate New Environment Due Diligence Standard

Woods Rogers on

On March 14, 2022, EPA published a Direct Final Rule and a Proposed Rule that would incorporate ASTM International’s (“ASTM”) updated standard for conducting Phase I Environmental Site Assessments (“Phase I ESAs”) into EPA’s...more

Woods Rogers

EPA Releases PFAS Strategic Roadmap

Woods Rogers on

The U.S. Environmental Protection Agency (“EPA”) released its PFAS Strategic Roadmap on October 18, 2021.  In it, EPA identifies numerous actions it plans to take over the coming years to address PFAS contamination, many of...more

Holland & Knight LLP

ASTM Proposes Changes to Phase I ESA Standard (E1527)

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Every eight years, ASTM International's standard-setting committees are required to reevaluate existing ASTM standards. The ASTM E1527-13 Standard Practice on Phase I Environmental Site Assessments (ESAs) is required to be...more

Pillsbury Winthrop Shaw Pittman LLP

The “Everywhere Chemical”—Might Phthalates Become the Next PFAS?

Mounting public and regulatory concerns regarding widespread phthalate exposure may result in a rapid expansion of regulatory and litigation risk for impacted businesses. Phthalates are chemicals found in a wide range of...more

Stinson LLP

Minnesota Announces "PFAS Blueprint" for Increased Regulation of "Forever" Chemicals

Stinson LLP on

Minnesota announced a new “PFAS blueprint” on February 10, 2021, calling for increased regulation of the so-called “forever” chemicals through a combination of legislation and agency rulemaking....more

Williams Mullen

Environmental Notes - January 2019

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EPA recently released a final regional office realignment plan in response to President Trump’s March 2017 Executive Order 13781. That order required EPA and other federal agencies to improve efficiency, effectiveness, and...more

Williams Mullen

Hurricanes and Flooding: Surely EPA Regulations are Suspended?!

Williams Mullen on

It seems to happen every year. A natural disaster disrupts fall football season, and interstates are full of evacuees gobbling up hotel rooms and squatting in the nearest safety zones. In those times, no one ever thinks of...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Madison, Minnesota Facility Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more

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

Release Reporting/ CERCLA Enforcement: U.S. Environmental Protection and Tennessee Valley Authority Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Tennessee Valley Authority (“TVA”) entered into a January 23rd Consent Agreement and Final Order (“CAFO”) addressing alleged violation of Section 103(a) of the...more

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