News & Analysis as of

PFAS Environmental Liability

American Conference Institute (ACI)

[Event] 2nd Annual Summit on PFAS Regulation, Compliance and Litigation - May 29th - 30th, New York, NY

The PFAS regulatory landscape is evolving fast, and with a new administration on the horizon, major changes in compliance, enforcement, and litigation risks could be imminent. If your business fails to stay ahead, you can...more

Venable LLP

[Webinar] Insurance Coverage for PFAS Under Historical CGL, Modern Environmental and Other Insurance Policies - April 3rd, 1:00 pm...

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This program will address insurance coverage for the potential environmental impacts of PFAS, such as the costs of testing or remediation required by the government, as well as other potential non-environmental PFAS claims....more

MG+M The Law Firm

Expanding PFAS Liability: City of Savannah, Georgia's Wake-Up Call

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The legal landscape surrounding per- and polyfluoroalkyl substances (PFAS) is rapidly evolving, with industrial users now facing heightened risks, even if they never directly manufactured these chemicals. This shift is...more

Verrill

Converting Risk to Reward in the Biosolids Industry

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Despite having over 130 years of collective environmental law experience, Verrill’s environmental group is very cautious in making predictions about the future. But sometimes we identify a trend that seems so obvious that we...more

Holland & Knight LLP

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

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Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more

Pullman & Comley, LLC

Forever Chemicals Present Significant Challenges for Commercial Real Estate

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In recent years, PFAS — or “forever chemicals” — have emerged as a major topic of concern for landowners, business owners and environmental and real estate professionals as regulators focus more attention on the management...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Bergeson & Campbell, P.C.

Minnesota Publishes New Information Concerning PFAS in Products

The Minnesota Pollution Control Agency (MPCA) announced on March 26, 2024, that it has published new information concerning per- and polyfluoroalkyl substances (PFAS) in products. This information includes...more

Troutman Pepper Locke

North Carolina Court Rules Predecessor Company Liable If AG’s Environmental Lawsuit Succeeds

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In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more

Robinson+Cole Environmental Law +

Nine PFAS Compounds Proposed to be Hazardous Constituents Under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under...more

Nossaman LLP

EPA Takes Next Step in PFAS Regulations – Proposing Adding Nine PFAS as Hazardous Constituents

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On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery...more

Womble Bond Dickinson

New N.C. Regulatory Proposal Puts Burden of PFAS Clean-Up Costs on Polluters, Not Ratepayers

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PFAS contamination in drinking water is under increasing regulatory scrutiny, not only from the EPA and other federal agencies, but state regulatory bodies across the country. The latest development comes from North Carolina,...more

Brownstein Hyatt Farber Schreck

EPA Delays PFAS CERCLA Designation, Other PFAS Regulatory Efforts on Schedule

The Environmental Protection Agency’s (EPA) Spring 2023 Unified Agenda, released on June 13, 2023, extends EPA’s estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS)—namely...more

BCLP

PFAS Update: Proposed New Legislation Intended to Exempt Certain Industries from PFAS Liability

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On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more

Bilzin Sumberg

New EPA Standard for Environmental Site Assessment

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On December 15, 2022, the Environmental Protection Agency published a final rule recognizing ASTM E1527-21 as the new standard for performing a Phase I Environmental Site Assessment (“ESA”)....more

Womble Bond Dickinson

Proposed EPA Rule Would Designate Two PFAS Chemicals as Hazardous Substances Under CERCLA

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​​​​​​​On August 26, the EPA published a proposed rule that would designate PFOS and PFOA chemicals as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act...more

Maron Marvel

Navigating PFAS "Reopener" Liabilities

Maron Marvel on

In recent years, there has been no shortage of articles and conferences on the coming wave of PFAS litigation, and with good reason. Heightened scrutiny and tightening regulation by USEPA, the ever-growing AFFF MDL, and the...more

Procopio, Cory, Hargreaves & Savitch LLP

PFAS: Increasing Regulations and Managing Legal Liability

Regulations continue to increase for "forever chemicals" classified as PFAS. Procopio Environmental Law group leader John Lormon and other knowledgeable speakers discuss current and pending regulations in California and the...more

Arnall Golden Gregory LLP

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:...more

Lathrop GPM

[Virtual Event] State of Litigation – Part 1 - June 9th, 1:00 pm - 3:00 pm CT

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Please join Lathrop GPM for our annual State of Litigation event, being held virtually for the second year. This free, three-part webinar series will explore the latest trends in litigation, risks facing companies today, and...more

Williams Mullen

Environmental Notes - May 2021

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A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more

BCLP

Why Should You Care About PFAS?

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Both Congress and United States Environmental Protection Agency (“USEPA”) are working to address what some call a “PFAS contamination crisis.” Enforcement actions and lawsuits have so far focused on the companies that have...more

Robinson+Cole Manufacturing Law Blog

Environmental Considerations in Corporate Transactions

My partner Bob Melvin and I recently gave a presentation on environmental, health, and safety considerations in mergers and acquisitions. While it would be impossible to cover our entire presentation in a blog post, I thought...more

Foley & Lardner LLP

PFAS and Credit Transactions: Are You Protected From Environmental Liability?

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PFAS, noted for its use in older non-stick cookware, fabric stain preventers, and numerous other industrial applications, is fast becoming a major environmental contaminant that is expensive to investigate and even more...more

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