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
U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact...more
As our readers are likely familiar from our past blog posts here, here and here, in September 2022, EPA proposed to designate PFOA and PFOS as hazardous substances under section 102(a) of Comprehensive Environmental Response,...more
The U.S. Environmental Protection Agency (EPA) today designated two types of per- and polyfluoroalkyl substances (PFAS) that have been used in cookware, carpets, and firefighting foams as hazardous substances, an action...more
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
United States Environmental Protection Agency (“EPA”) Administrator Michael Regan announced on October 18th what is described as a “Comprehensive National Strategy to Confront PFAS Pollution” (“Strategy”). The Strategy...more
Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more
The State of Vermont (by and through the Vermont Attorney General) (“Vermont”) and Moretown Landfill, Inc. (“MLI”) entered into a Consent Order and Final Judgment Order (“Consent Order”) addressing alleged violations...more
I undertook a presentation at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste/Recycling Developments: 2017-2018 (“Presentation”) ...more
A United States District Court (Northern District Oklahoma) addressed in a March 21st opinion procedural issues associated with a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Krause v. General...more
A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more
Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more
In This Presentation: - I. Case Study – What Should Happen - II. Case Study – What Really Happened - III. TCEQ Regulatory Enforcement - IV. TCEQ Regulatory Outcome - V. Generator's Response - VI. Legal...more