Lead Exposure Claims: Proactive Strategies for Effective Resolution
2BInformed: The Future of Fluoride in Drinking Water, the New TSCA Fees Rule, and the Drinking Water Contaminant Candidate List 5
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
The U.S. Navy and the Department of Justice have set a deadline of August 2024 for Camp Lejeune veterans who were diagnosed with cancer or other illnesses after serving at the marine base to file a claim and receive...more
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
On February 23, 2023, California EPA (Cal EPA) finally released a “final draft” version of the much-awaited vapor intrusion guidance, Final Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance)...more
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
If your organization has not already started thinking about PFAS (per- and polyfluoroalkyl substances), there's no time like the present. PFAS refers to a family of man-made, environmentally persistent chemicals (often...more
It was 41 years ago that one of the more bizarre events in U.S. environmental history took place: two U.S. EPA officials were “kidnapped” by an angry environmental group in a working class neighborhood in New York. As many of...more
As concerns have escalated about vapor intrusion, regulatory agencies are not only taking more conservative approaches to risk – they may also be more likely to take enforcement action where there is delay or non-compliance...more
By Catherine W. Johnson In February 2020, California EPA (Cal-EPA) released its Draft Supplemental Vapor Intrusion Guidance (“Draft Guidance”) – designed to promote consistency in the investigation of vapor intrusion among...more
In February, the California Department of Toxic Substances Control, or DTSC, the State Water Resources Control Board, or SWRCB, and the San Francisco Bay Regional Water Quality Control Board released a much-anticipated draft...more
After years in the making behind closed doors, on February 14, 2020, the California Department of Toxic Substances Control (DTSC), the San Francisco Bay Regional Water Quality Control Board and the California State Water...more
By Laurie Berger (May 28, 2020) In February of this year, three California regulatory agencies released the much-anticipated draft guidance for the investigation of vapor intrusion, “Supplemental Guidance: Screening and...more
Recently, I participated in the Environmental Law Institute’s (ELI) Master Class, PFAS: From Common Use to Concern. My fellow panelists and I discussed “PFAS in Water,” which included a discussion of the environmental and...more
Pennsylvania’s Environmental Quality Board (EQB) proposed an amendment to Act 2, Pennsylvania's Brownfield and voluntary cleanup program. ...more
Guidance Increases Uncertainty for Restoring Brownfields - The long-awaited CalEPA guidance for screening and evaluating vapor intrusion has been issued as a draft for public comment. This state-wide guidance, jointly...more
Information about PFAS compounds in California is literally exploding, with additional contamination sites identified almost daily, while the science and legal environments surrounding these “forever chemicals” also see...more
Two recent decisions in New York state’s federal courts granted defendants’ motions to dismiss based on inadequately pled allegations, highlighting the strict pleading standard of the Comprehensive Environmental Response,...more
Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more
Our late January client alert noted the numerous issues raised by the presence of Per- and Polyfluoroalkyl Substances (PFAS) and predicted more state and federal action. This alert provides an update on recent state and...more
Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more
The Office of Inspector General (“OIG”) of the United States Environmental Protection Agency (“EPA”) issued an Amended Project Notification (“Notification”) dated February 4th titled: Communication of Human Health Risks...more
The blog Commonground has an August 25th post addressing a question regarding the assessment of a former on-site hospital that had utilized radium to treat tumors. The blog Commonground is a forum for discussion of a...more
With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more
As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills....more
Justice: (1) the principle or ideal of just dealing or right action; (2) conformity to this principle or ideal The concept of environmental justice is straightforward, the pathway to practical solutions are often...more
In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more