News & Analysis as of

Site Remediation Groundwater

Lowenstein Sandler LLP

New Year, (Likely) New Remediation Standards–NJDEP Kicks Off 2024 With Proposed Ground Water Quality Standards

On Jan. 2, the New Jersey Department of Environmental Protection (NJDEP) rang in the new year by publishing a Proposed Rule updating the Ground Water Quality Standards (GWQS) for 65 of the 73 constituents currently regulated...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already "closed"...

Mintz on

Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already...

Mintz on

Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP Publishes New Interim Remediation Standards for GenX Chemicals (a PFOA Substitute)

On June 5, 2023, the New Jersey Department of Environmental Protection (NJDEP) published in the New Jersey Register that effective immediately, the NJDEP has enacted interim groundwater, migration to groundwater, and soil...more

Allen Matkins

California Supreme Court Denies Petition for Review of Save Livermore Downtown v. City of Livermore

Allen Matkins on

On April 19, 2023 the California Supreme Court denied the petition for review of the Save Livermore Downtown v. City of Livermore decision issued by the California First District Court of Appeal, which was filed by opponents...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP Publishes Interim Soil Remediation Standards for PFAS

What You Need to Know- •NJDEP has established interim soil remediation standards for four per- and polyfluoroalkyl (PFAS) soil contaminants, effective immediately. •The new standards require the investigation of the...more

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

Sale of Commercial Property: New Jersey Appellate Court Addresses Whether Remediation Contractor Owed Duty to Subsequent Property...

The Superior Court of New Jersey, Appellate Division (“Court”) addressed in a January 12th Opinion an issue relating to the environmental remediation of a commercial property. See Sunway Equity, LLC v. Suburban Propane, LP,...more

Fox Rothschild LLP

PA Independent Regulatory Review Commission Approves Rulemaking with PFOA and PFOS Cleanup Standards

Fox Rothschild LLP on

On September 23, 2021, the Pennsylvania Independent Regulatory Review Commission (IRRC) approved a final form rulemaking that revises the Pennsylvania Department of Environmental Protection’s (PADEP) regulations that...more

Ballard Spahr LLP

NJDEP Finalizes Major Revisions to Remediation Standards

Ballard Spahr LLP on

Summary - The New Jersey Department of Environmental Protection (NJDEP) finalized several major revisions to its statutory remediation standards rules (N.J.A.C. 7-26D). The revisions are highly technical and have practical...more

Allen Matkins

California Environmental Law & Policy Update - September 2020

Allen Matkins on

Contaminated groundwater plume in north Orange County placed on federal Superfund list - Orange County Register – September 1 - A five-square-mile plume of contaminated groundwater in north Orange County has been...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

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

Lathrop GPM on

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

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

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

Lowenstein Sandler LLP

Amid COVID-19 Pandemic, NJDEP Publishes Key Remediation Standard Proposal

UPDATE: In an apparent response to the numerous requests submitted by industry groups and the regulated community, the NJDEP has now extended the public comment period for this rule proposal by sixty (60) days to August 5,...more

Pullman & Comley, LLC

2020 Environmental Legislative Update No. 2: “Be Careful What You Wish For” - The End of the Transfer Act?

Pullman & Comley, LLC on

Two major environmental bills have come forward on the Senate side. One, proposing changes to the Transfer Act, is largely what might have been expected from the working group created by PA 19-175 to study further...more

McGlinchey Stafford

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on

On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more

(ACOEL) | American College of Environmental...

When Does “Responsible” Mean Never Having To Say You’re Sorry To CERCLA?

Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards: Background Concentration Edition

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”).  These proposed amendments, often referred to as “Wave 2,” will...more

Holland & Knight LLP

Fifteen States and State Associations Comment on EPA’s Draft PFAS Guidance

Holland & Knight LLP on

In the latest development in the federal government's efforts to develop a framework for addressing groundwater contaminated with perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS), the United States...more

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

Rider/Real Property Contract: New Jersey Appellate Court Addresses Whether Seller Must Undertake Groundwater Remediation

The Superior Court of New Jersey – Appellate Division (“Appellate Court”) addressed in a June 10th opinion whether a rider to a real estate contract requiring the Seller to undertake certain environmental remediation was...more

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

Property Access/Superfund: U.S. District Court (W.D. Washington) Addresses U.S. Environmental Protection Agency's Request to...

A United States District Court (Western District of Washington) addressed the United States Environmental Protection Agency’s (“EPA”) request for access to real property in King County, Washington to undertake certain...more

Womble Bond Dickinson

EPA Seeks Comments on Draft Interim Recommendations for Addressing Emerging Contaminants PFOA and PFOS in Groundwater

Womble Bond Dickinson on

EPA has released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonate (PFOS) for public review and comment as part of the Agency’s PFAS...more

Holland & Knight LLP

EPA Issues Draft Interim PFAS Guidelines for Public Comment

Holland & Knight LLP on

On April 25, 2019, The U.S. Environmental Protection Agency (EPA) announced issuance of Draft Interim Recommendations to Address Groundwater Contaminated with Perfluorooctanoic Acid and Perfluorooctane Sulfonate. According to...more

Holland & Knight LLP

Michigan Governor Moves to Establish Enforceable PFAS Limits

Holland & Knight LLP on

On March 29, 2019, Gov. Gretchen Whitmer announced the formation of a science advisory workgroup and her order for the Michigan Department of Environment, Great Lakes, and Energy (EGLE), formally the Michigan Department of...more

Holland & Knight LLP

More Requirements and More Uncertainty - New York PFAS Update

Holland & Knight LLP on

By way of background, in 2016 the New York State Department of Environmental Conservation (NYSDEC) listed two long-chain per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS—as hazardous substances. However, NYSDEC did...more

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