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Hazardous Substances Remediation

Wenning Environmental

Decision-Support Tools For Contaminated Sites

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A broad range of reactions – from celebratory to alarmist – describe the workforce reductions and regulatory rollbacks proposed or currently underway at the U.S. Environmental Protection Agency (EPA). Notable concerns...more

Morris, Manning & Martin, LLP

Policyholder Lessons from IBM Environmental Remediation Suit Against Insurers

IBM recently filed a declaratory judgment action against multiple insurers seeking coverage for environmental remediation costs. The complaint contains lessons for policyholders facing long-tail environmental exposure claims....more

Morgan Lewis

PFAS in Germany and the European Union: A Legal Overview

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PFAS are attracting increasing public attention around the world. In Europe, authorities and residents are trying to assert their rights and are taking more and more legal action. This LawFlash provides a legal overview on...more

Lowenstein Sandler LLP

New Jersey Appellate Division Decision Creates Risk That NJDEP May Be Able To Revive Time-Barred Claims for Investigation and...

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On April 25, the New Jersey Superior Court Appellate Division reversed a trial court’s order dismissing the New Jersey Department of Environmental Protection’s (NJDEP) complaint as time-barred in NJDEP v. Desai. The ruling...more

Goldberg Segalla

New Jersey Proposal Transitions PFAS Criteria to Enforceable Remediation Standards

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In March, the New Jersey Department of Environmental Protection (NJDEP) proposed to formally add GenX, PFNA, PFOA, PFOS — all PFAS compounds — and methanol to the list of regulated contaminants under various statutes. This...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s Newly Adopted Amendments to Ground Water Quality Standards Will Significantly Impact Ongoing Remediation Projects in New...

The New Jersey Department of Environmental Protection (NJDEP) has amended the Ground Water Quality Standards (GWQS), effective on February 3, 2025. The rule, as adopted, does not differ substantially from the January 2024...more

BCLP

PFAS in Soil: State Regulations - Updated February 2024

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In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

MG+M The Law Firm

Miscalculated Estimates: The Imminent Financial Burden of EPA's 2024 PFAS Maximum Contaminant Levels

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Per- and polyfluoroalkyl substances (PFAS) are synthetic chemicals used in a wide range of consumer products since 1947, known for their strong carbon-fluorine bonds. These bonds make PFAS resistant to breakdown, earning them...more

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

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The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more

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

PFAS/Resource Conservation and Recovery Act: U.S. Environmental Protection Agency Proposal to List Nine Chemicals as Hazardous...

The United States Environmental Protection Agency (“EPA”) issued a proposal to change the Resource Conservation and Recovery Act (“RCRA”) regulations to add nine per- and polyfluoroalkyl compounds (collectively, PFAS), their...more

Tonkon Torp LLP

Washington Updates Model Toxics Control Act for First Time in Two Decades

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The Washington Department of Ecology (“Ecology”) has updated its rules implementing the Model Toxics Control Act (MTCA), the first substantial update in over 20 years. MTCA governs the investigation and cleanup of sites...more

Cozen O'Connor

PFAS-t and Furious: Five More AGs Sue “Forever Chemical” Manufacturers

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Arizona AG Kris Mayes, Maryland AG Anthony G. Brown, Oregon AG Ellen Rosenblum, Rhode Island AG Peter Neronha, and Washington AG Bob Ferguson filed separate lawsuits against manufacturers of per- and polyfluoroalkyl...more

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

Latham & Watkins LLP

EPA Proposes New Enforcement Initiative for PFAS

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The notice is another step in EPA’s PFAS Strategic Roadmap and emphasizes potential CERCLA enforcement. On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments on its...more

BCLP

PFAS and your business: remediating PFAS impacts

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EPA’s PFAS Strategic Roadmap identifies several avenues for organizations that have historically used or currently use PFAS to remediate these compounds or remove them from waste streams or drinking water. While there are...more

MG+M The Law Firm

Promising Use of Bioremediation to Break Down Forever Chemicals

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Early results show that using bioremediation to break down “forever chemicals” is working at an airport around Madison, Wisconsin. At the Dane County Regional Airport, scientists are introducing microbes into the groundwater...more

BCLP

PFAS Update: EPA Proposes Listing PFOS and PFOA as CERCLA Hazardous Substances

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On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

MG+M The Law Firm

Threat of Zero-Allowance Regulations Loom for Forever Chemicals

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For many years, per- and polyfluoroalkyl substances (PFAS) have been ubiquitous in American commerce and industry. That ubiquitous use, and the fact that PFAS chemicals do not break down in the environment, has led to the...more

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

Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope

The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more

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

Lead Contamination/Duty to Warn: Indiana Court of Appeals Addresses Claims Related to State Agencies

The Court of Appeals of Indiana (“Court”) addressed in a June 10th Opinion issues relating to lead contaminated soil in a residential area. See State v. Alvarez by next friend Alvarez, 2020 WL 3068449 (Ind. Ct. App. June 10,...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

Holland & Hart LLP

Potential Impacts of EPA's Draft Recommendations on PFAS

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On April 25, 2019, the Environmental Protection Agency (EPA) released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic Acid and Perfluorooctane Sulfonate. Perfluorooctanoic acid...more

Beveridge & Diamond PC

Ohio Natural Resources Damages Claim Dismissed with Prejudice for Failure to Properly Serve Defendant

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Demonstrating the importance of timely service of process in complex environmental cases, a federal court in Ohio dismissed CERCLA natural resource damages claims and related state statutory actions for the state’s failure to...more

Gray Reed

Another Oil Field Contamination Plaintiff Waits Too Long

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Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

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