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EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA)...more

U.S. Supreme Court Decision Revives Guam Suit, Clarifies CERCLA, and Provides Cautionary Tale

Does a consent decree under the Clean Water Act (“CWA”) trigger a three-year limitation period to bring a contribution claim under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) when the...more

U.S. Supreme Court Splits the Difference: Clean Water Act Permits Are Required for Some, But Not All, Discharges to Groundwater

The U.S. Supreme Court held on Thursday that the Clean Water Act (CWA) requires a permit to discharge pollutants that reach “navigable waters” through groundwater, but only if the discharge is the “functional equivalent of a...more

U.S. Supreme Court Upholds State Court Jurisdiction for State Law Cleanup Claim but Affirms EPA Authority Over Remedial Actions at...

On April 20, 2020, in Atlantic Richfield v. Christian, the U.S. Supreme Court held that Montana landowners can seek damages under state law in state court for money to clean up their properties within a Superfund site. But...more

EPA’s COVID-19 Policy Offers Temporary Relief and Enforcement Discretion - Update - April 2020

Businesses increasingly face the prospect of disruptions as impacts on public health and the economy continue to grow with the COVID-19 pandemic. Recognizing these difficulties, EPA issued a policy on March 26, 2020 allowing...more

Oregon Department of Environmental Quality Announces Coding for NPDES Noncompliance Reports

The Oregon Department of Environmental Quality (DEQ) updated its COVID-19 Response page to provide guidance to entities with National Pollutant Discharge Elimination System (NPDES) permits who may experience monitoring,...more

EPA’s COVID-19 Policy Offers Temporary Relief and Enforcement Discretion

Businesses increasingly face the prospect of disruptions as impacts on public health and the economy continue to grow with the COVID-19 pandemic. Recognizing these difficulties, EPA issued a policy on March 26, 2020 allowing...more

Oregon Department of Environmental Quality Announces Intention to Exercise Enforcement Discretion During COVID-19 Outbreak

The Oregon Department of Environmental Quality (DEQ) recently released a statement on compliance and enforcement of DEQ permits, licenses, and certification conditions during the COVID-19 (coronavirus) pandemic....more

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

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