News & Analysis as of

Superfund Contamination Contaminated Properties

K&L Gates LLP

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

K&L Gates LLP on

On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Foley Hoag LLP - Environmental Law

What Will Be the Real Consequences of an EPA Decision to List PFAS as Hazardous Substances Under CERCLA?

Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis. The article reported on the gnashing of teeth among the regulated community at...more

BCLP

PFAS Update: EPA Expands Screening Levels for PFAS

BCLP on

The United States Environmental Protection Agency (“EPA”) recently added the following five PFAS substances to the list of risk-based Regional Screening Levels (“RSL”) for Chemical Contaminants at Superfund Sites: ...more

Jenner & Block

PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances

Jenner & Block on

On January 10, 2022, U.S. EPA forwarded to the White House Office of Management and Budget (OMB) a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous...more

Beveridge & Diamond PC

Oregon Increases Access to Historical Insurance Assets for Cleanup Liabilities

Beveridge & Diamond PC on

On June 11, 2021, Oregon Governor Kate Brown signed a law, HB 2377, intended to make the insurance policies of dissolved Oregon corporations and limited liability companies available to fund contaminated site cleanups. The...more

Flaster Greenberg PC

Federal Judge’s Comments In Willow Grove PFAS Case Suggest Time May Be Approaching When Pennsylvania (And Other States) Will...

Flaster Greenberg PC on

Last week, Law360 reported on a hearing that occurred in the Federal District Court for Eastern Pennsylvania before Judge Gerald Pappert concerning PFAS. The hearing concerned a motion to dismiss brought by the United States...more

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

Foley Hoag LLP - Environmental Law

Is Death A Defense To CERCLA Liability?

In contrast to the early days of Superfund when no argument for extending CERCLA liability was too far-fetched, the Second Circuit recently rejected one of the all-time “Hail Mary” passes for CERCLA contribution. The case,...more

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