Effective as of yesterday, July 8, 2024, two widely used per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are deemed hazardous substances under the Comprehensive...more
On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more
When Potentially Responsible Parties (PRPs) settle CERCLA cases, they want finality. They don’t expect to be asked to pay a second time for a claim they have already resolved by settlement. However, a concurring opinion in a...more
Designation of PFAS as Hazardous Substances - On September 6, 2022, the Environmental Protection Agency (EPA) designated two per- and polyfluoroalkyl substances (collectively, PFAS) as “hazardous substances” under the...more
The proposed EPA rule designating PFOA and PFOS as hazardous substances under CERCLA has significant implications for Potentially Responsible Parties (PRPs) at both current and closed Superfund sites, as well as for companies...more
As a general rule, the law will not allow plaintiffs to sit on legal rights indefinitely. Superfund actions are no exception. The 6th Circuit recently applied this principle, finding a declaratory judgment of liability...more
On December 1, 2021, the Virginia Department of Environmental Quality (“VDEQ”) announced via a notice on its Brownfields website that it stopped accepting applications for Bona Fide Prospective Purchase (“BFPP”) and other...more
For the second time in as many weeks, the acting head of the EPA’s enforcement office has issued a memorandum (the “Memorandum”) outlining additional actions to advance the EPA’s environmental justice (“EJ”) goals...more
Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large...more
In recent years, there has been no shortage of interest and commentary dedicated to a group of chemicals known collectively as PFAS. As one example, the potential designation of certain PFAS — PFOA and PFOS (perfluorooctanoic...more
EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more
With economic downturn comes bankruptcy. It is often observed that the intersections between the U.S. Bankruptcy Code and environmental law can create conflict, because while many federal and state environmental statutes seek...more
Prior to April 2020, it seemed clear under prevailing federal case law that a disgruntled person could not use a state court lawsuit to change an environmental remedy approved by the U.S. Environmental Protection Agency (EPA)...more
On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more
Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the proposed restoration work....more
The U.S. Supreme Court recently announced a landmark decision under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Act), also known as the Superfund program. In the case of Atlantic...more
In April, the U.S. Supreme Court published their opinion in Atlantic Richfield v. Christian, further tangling the rules of engagement in the fight between residential property owners and industrial polluters...more
The U.S. Supreme Court's decision in Atlantic Richfield Co. v. Christian (Slip Op. No. 17-1498) confirmed the broad statutory definition of "Potentially Responsible Party" (PRP) under the Comprehensive Environmental Response,...more
In Atlantic Richfield Company v. Christian, a decision issued on April 20, 2020, the U.S. Supreme Court decided that state courts may hear state common law claims seeking to compel remediation beyond what the U.S....more
Last month, the U.S. Supreme Court determined that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preclude Montana residents from bringing state common law claims to recover the...more
The United States Supreme Court recently decided a case that will create considerable uncertainty for companies involved with cleanups under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,...more
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
On April 20, 2020, the U.S. Supreme Court issued its long-anticipated opinion in Atlantic Richfield Company v. Christian (No. 17-1498), holding that landowners whose properties are contaminated by neighboring Superfund sites...more
On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more