News & Analysis as of

Hazardous Substances Liability Comprehensive Environmental Response, Compensation and Liability Act

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

McGlinchey Stafford on

On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

ArentFox Schiff

Four Takeaways From New York’s New ‘Climate Superfund’ Law

ArentFox Schiff on

State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion...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

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

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

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

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

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