News & Analysis as of

Landfills PFAS

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

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

Goldberg Segalla

EPA Releases Updated Guidance on Destroying and Disposing PFAS

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In furtherance of the U.S. Environmental Protection Agency’s PFAS Strategic Roadmap, which our firm has written about frequently, the EPA released an updated guide on destroying and disposing of PFAS....more

Allen Matkins

California Environmental Law & Policy Update 6.14.24

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Chemical and manufacturing groups sued the federal government on Monday over a landmark drinking water standard that would require cleanup of certain PFAS, so-called forever chemicals, which have been linked to cancer and...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

ArentFox Schiff

EPA Updates Interim Guidance on Destruction and Disposal of PFAS Wastes

ArentFox Schiff on

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more

Dechert LLP

EPA Designates Two PFAS as CERCLA Hazardous Substances

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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

Goldberg Segalla

EPA Reopens Pandora’s Box with CERCLA Designations of PFOA & PFOS; Seeks to Minimize Apprehension with Enforcement Policy

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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

Allen Matkins

California Environmental Law & Policy Update 4.19.24

Allen Matkins on

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

Allen Matkins

California Environmental Law & Policy Update 12.15.23

Allen Matkins on

A group of 18 California children – ranging in ages from 8 to 17 – has filed a new constitutional climate case in U.S. District Court in the Central District of California against the U.S. Environmental Protection Agency...more

Goldberg Segalla

Microplastics: Nurdle Law and Regulation Update

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Seventy-nine percent of plastic waste ends up in landfills or the environment, much of which eventually ends up in our oceans. A March 8, 2023 study, estimated the average amount of small plastics in the ocean surface layer...more

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

Evaluation of Current Alternatives and Estimated Cost Curves for PFAS Removal/Destruction: Minnesota Pollution Control Agency...

The Minnesota Pollution Control Agency (“MPCA”) released in early June a report titled: Evaluation of Current Alternatives and Estimated Cost Curves for PFAS Removal and Destruction from Municipal Wastewater, Biosolids,...more

Allen Matkins

California Environmental Law & Policy Update - 7.07.23

Allen Matkins on

The California Air Resources Board (CARB) and the Truck and Engine Manufacturers Association said on Thursday that they had reached an agreement, referred to as the "Clean Truck Partnership," that gives new flexibility for...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

Lowenstein Sandler LLP

USEPA Drills Down on Industry-Specific PFAS Issues and Progresses to Broader PFAS Regulation

For some time now, the U.S. Environmental Protection Agency (USEPA) has been evaluating several industrial point sources for discharges of per- and polyfluoroalkyl substances (PFAS) in wastewater and leachate. On January 31,...more

Jackson Walker

Expect New Standards for Landfills, Industrial Sites as EPA Tackles PFAS Discharge in Water

Jackson Walker on

The U.S. Environmental Protection Agency (EPA) recently issued the Effluent Guidelines Program Plan 15 to address the widespread “forever chemicals,” known as per- and polyfluoroalkyl substances (PFAS), found in water, air,...more

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

PFAS Positioning and Guidance Statement: US Composting Council Announcement

The United States Composting Council (“USCC”) recently issued a document titled: PFAS Positioning and Guidance Statement (“Statement”)...more

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

PFOA/PFOS Litigation - Insurance Coverage: New York Appellate Court Addresses Whether Policies Provide a Duty to Defend

The New York Supreme Court, Appellate Division (“Court”), addressed in a January 6th decision whether two insurance companies had a duty to defend an insured for damages related to the release of certain chemicals. See...more

BCLP

PFAS: The new asbestos?

BCLP on

After years of use in manufactured products, “PFAS”, or per- and polyfluoroalkyl substances, are common in the environment. Comparatively little is known about most of them, but evidence of the harm that they can do is...more

Fox Rothschild LLP

Industry Specific Effluent Limitation Guidelines for PFAS Are Coming – EPA’s Preliminary Plan 15

Fox Rothschild LLP on

In September, EPA set forth its latest draft plan for setting guidelines for PFAS limitations in industrial wastewater in certain industries, and October brought public comments on the draft. Among EPA’s next steps in its...more

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

PFAS: U.S. Environmental Protection Agency Announces Comprehensive National Strategy

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

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

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

Closed Landfills/PFAS: Minnesota Pollution Control Agency Announces Sampling Results

The Minnesota Pollution Control Agency (“MPCA”) addressed in a March 18th news release per- and polyfluoroalkyl substances (“PFAS”) groundwater sampling results at a number of closed landfills. Groundwater is stated to...more

Holland & Hart LLP

EPA Issues Interim Guidance on PFAS Destruction and Disposal

Holland & Hart LLP on

On December 18, 2020, EPA released for public comment its new Interim Guidance on Destroying and Disposing of Certain PFAS and PFAS-Containing Materials That Are Not Consumer Products (available here). Specifically, the new...more

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

PFAS: Vermont Department of Environmental Conservation Reports Addressing Landfill Leachate Wastewater Treatment Facilities

The Vermont Department of Environmental Conservation released on February 5th reports addressing issues involving per- and polyfluorinated substances (“PFAS”). The reports address: - PFAS and landfill leachate -...more

Steptoe & Johnson PLLC

Follow the Leader? Maine’s Strict Stance on PFAS and Biosolids Land Application Sets the Stage for Further State Regulation

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As the United States Environmental Protection Agency (“EPA”), Congress, and state regulatory agencies continue to push forward with per-and polyfluoroalkyl substances (“PFAS”) regulations, the Maine Department of...more

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