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Environmental Protection Agency (EPA) Remediation Contaminated Properties

BCLP

PFAS Update: 2022 Federal PFAS Regulatory Recap

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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

Kilpatrick

CERCLA – EPA Sharpens CERCLA Enforcement Tools to Focus on Environmental Justice Communities.

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The Comprehensive Response Compensation and Liability Act (CERCLA or “Superfund”) imposes strict, joint and several liability on responsible parties for remediation of contaminated properties. As compared to other federal...more

(ACOEL) | American College of Environmental...

Love Canal Revisited

It was 41 years ago that one of the more bizarre events in U.S. environmental history took place: two U.S. EPA officials were “kidnapped” by an angry environmental group in a working class neighborhood in New York. As many of...more

Carlton Fields

Supreme Court Remediates CERCLA's Exclusivity Provisions

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In Atlantic Richfield Co. v. Christian, the Supreme Court recently held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not prevent state courts from exercising jurisdiction over...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

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On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Downey Brand LLP

U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?

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The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more

Beveridge & Diamond PC

Superfund Task Force Final Report: A Superset of Recommendations

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On September 9, EPA’s Superfund Task Force released its final report on recommendations to improve the Superfund program. This eighty-page document is the culmination of EPA’s efforts that began with the initiation of the...more

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

Superfund/CERCLA: U.S. Environmental Protection Agency Issues Task Force Final Report

The United States Environmental Protection Agency (‘EPA”) issued a “Final Report” from its Comprehensive Environmental Response, Compensation, and Liability Act/Superfund Task Force (“Task Force”). EPA had commissioned a...more

Williams Mullen

Superfund Neighbors Come Knocking

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A case currently pending before the United States Supreme Court may significantly impact legal rights of potentially responsible parties (PRPs) involved in the cleanup of Superfund Sites. The case was brought in Montana State...more

Pierce Atwood LLP

New Maine Remedial Action Guidelines (RAGs) Are Rich With Guidance

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Mainers interested in the question “how clean is clean?” – not to mention the Maine Department of Environmental Protection (DEP) – heavily rely on the Maine Remedial Action Guidelines (RAGs) for Sites Contaminated with...more

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

Superfund/CERCLA: U.S. Environmental Protection Agency Announces One-Year Anniversary Task Force Accomplishments

The United States Environmental Protection Agency (“EPA”) issued a July 24th news release describing what it characterized as the “One-Year Anniversary Accomplishments.” The news release also reviews the federal agency’s...more

Miles & Stockbridge P.C.

Despite Efforts to Roll-Back Other Program Requirements, EPA Administrator Scott Pruitt Continues to Prioritize Superfund Cleanups

U.S. Environmental Protection Agency (“EPA”) Administrator Scott Pruitt has made it clear that one of his top priorities during his tenure is to expedite cleanups at contaminated sites across the country. To achieve this goal...more

Pillsbury - Gravel2Gavel Construction & Real...

New CERCLA Brownfields Amendments

The Consolidated Appropriations Act of 2018 includes, at pages 1768-1786 of the bill, the “Brownfields Utilization, Investment, and Local Development Act of 2018,” also known as the “BUILD Act.” This is a bi-partisan bill...more

Miles & Stockbridge P.C.

EPA’s Task Force Recommendations to Revamp and Expedite Superfund Cleanups and Process – A Welcome Change

While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers...more

Williams Mullen

EPA Issues New Contaminated Sediments Guidance

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Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more

Beveridge & Diamond PC

EPA Issues Guidance for Characterization and Remediation of Contaminated Sediment Sites Under CERCLA

In a Directive sent to Regional Administrators on January 9, 2017, the U.S. Environmental Protection Agency (“EPA”) Office of Land and Emergency Management has identified eleven recommendations intended to facilitate the...more

Williams Mullen

Environmental Notes - December 2016

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The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

Faegre Drinker Biddle & Reath LLP

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

Blank Rome LLP

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

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Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

Allen Matkins

California Environmental Law & Policy Update - August 2015 #3

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Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

Williams Mullen

South Carolina Court Limits CERCLA Remedies

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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

Robinson & Cole LLP

Superfund Divisibility Defense Gets New Life

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The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection...more

Foley Hoag LLP - Environmental Law

Is There Any End to Post-Closure Care Under RCRA?

Late last month EPA issued draft guidance on adjusting post-closure periods under RCRA. It’s not good news. ...more

Dickinson Wright

Part 201 Revisions – Streamlining the Pathways to Closure

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On January 10, 2015, Governor Snyder signed SB 891 into law, enacting revisions to Part 201 of the Natural Resources and Environmental Protection Act ("Part 201), Michigan’s environmental remediation law. The revisions cover...more

McGuireWoods LLP

Environment 2015: Contamination and Waste Management Issues

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This year is sure to bring a number of significant changes in the areas of waste management and cleanup, vapor intrusion, due diligence and issues related to real estate purchases. ...more

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