News & Analysis as of

Pollution Control Comprehensive Environmental Response, Compensation and Liability Act

Bergeson & Campbell, P.C.

EPA Holds Webinar on “Reducing PFAS in Products: Progress and Challenges”

On May 8, 2024, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) held a webinar on “Reducing PFAS in Products: Progress and Challenges.” The webinar was the third in...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

Davis Wright Tremaine LLP

PFAS Polluters Soon To Be Held Accountable Under CERCLA After Major EPA Rulemaking

We can now talk about the proverbial elephant in the PFAS room that has been lingering for a while. On April 19, 2024, the Environmental Protection Agency (EPA) announced it will list the so-called "forever chemicals"...more

Jones Day

U.S. EPA Announces New Climate-Focused Enforcement Strategy

Jones Day on

On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more

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

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

Goldberg Segalla

Advancing Environmental Justice: EPA Releases New Roadmap to Address Cumulative Impacts

Goldberg Segalla on

The Environmental Protection Agency recently published a Cumulative Impacts Addendum (“Addendum”) to its Legal Tools to Advance Environmental Justice (“EJ Legal Tools”), issued in May 2022....more

Foley Hoag LLP - Environmental Law

CERCLA Has Never Been a “Polluter Pays” Statute

Environment and Energy Report (subscription required) had a story today about growing opposition to EPA’s proposal to list two PFAS compounds, PFOA and PFOS, as hazardous substances under CERCLA. Here’s what really caught my...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Owner and/or Operator of Linden, New Jersey,...

The United States Environmental Protection Agency (“EPA”) and Safety Kleen Systems, Inc. (“Safety Kleen”) entered into a September 30th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the...more

ArentFox Schiff

EPA's Environmental Justice Efforts Moving Beyond Regulatory Structures and Into Programming

ArentFox Schiff on

As we move toward two full years of the Biden Administration, we can see the US Environmental Protection Agency’s (EPA) environmental justice (EJ) efforts move from the creation of new offices and guidance materials toward...more

Jenner & Block

Earth Week Series: The Future of Environmental Regulation

Jenner & Block on

As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years...more

Pillsbury - Policyholder Pulse blog

PFAS Enforcement and Liability Is on the Rise—Insurance Can Help

A key component of a company’s risk management function is to keep a close eye on new and developing sources of liability and to put in place appropriate insurance to respond in the event those liabilities ripen. In recent...more

Beveridge & Diamond PC

EPA Releases 2022 Construction General Permit for Public Comment

Key Takeaways What Is Happening? The U.S. Environmental Protection Agency (EPA) published for public comment its proposed 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP), which...more

Morgan Lewis

US Ordered to Pay $20.3 Million to ExxonMobil for Cleanup of Wartime Environmental Pollution

Morgan Lewis on

The US District Court for the Southern District of Texas issued its third opinion on August 19 in the decade-long fight between Exxon Mobil Corporation (ExxonMobil) and the US government over who is responsible for the costs...more

Sullivan & Worcester

PFAS Regulation Update

Sullivan & Worcester on

EPA Steps into the Mix While States Continue Swift Action in Light of Potential Health Risks - In a prior posting, we noted the proliferation of state legislative and regulatory activity involving Per- and polyfluoroalkyl...more

Snell & Wilmer

EPA Catches Up On PFAS

Snell & Wilmer on

If you haven’t heard of per-and polyfluoroalkyl substances (PFAS), you likely will soon. Like DDT, PCBs, asbestos, and MTBE before it, PFAS are a class of chemicals that have been used in a wide variety of commercial and...more

Morgan Lewis

Hurricane Harvey Client Alert: Addressing Environmental Releases and Obligations

Morgan Lewis on

As the cleanup begins, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

Latham & Watkins LLP

Proposed Draft Legislation Clamps Down on Soil Pollution in China

Latham & Watkins LLP on

On 22 June 2017, Chinese legislators released draft proposals to combat soil pollution in China at a bimonthly session of the Standing Committee of the National People’s Congress. The legislation complements the State...more

Allen Matkins

California Environmental Law & Policy Update - July 2016 #5

Allen Matkins on

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

Latham & Watkins LLP

New Chinese Soil Pollution Law Planned for 2017 Could Be Accelerated

Latham & Watkins LLP on

On April 17, 2016, China Central Television (CCTV), the country’s state-run broadcast network, aired a report claiming that nearly 500 students apparently developed illnesses (including leukemia) at a school built on...more

Robinson+Cole Manufacturing Law Blog

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

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