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Fourth Circuit Unanimously Declines to Rehear Ruling Upholding Strict Liability for Arrangers Under CERCLA

On July 23, the U.S. Court of Appeals for the Fourth Circuit denied a petition for rehearing in 68th Street Site Work Group v. Alban Tractor Co., Inc., et al., 4th Cir., No. 23-01155, declining the opportunity to potentially...more

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more

EPA Designates Two PFAS as Hazardous Substances Under CERCLA | Part I: Impacts on Potentially Responsible Parties

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more

Interior Issues New NRDAR Type A Rule for Comment

On January 5, 2024, the Department of the Interior (Interior) will issue a notice of a proposed rulemaking (NPRM) to provide the first significant revisions to its natural resource damage assessment and restoration (NRDAR)...more

Department of the Interior Seeking Comments on NRDAR Type A Rule

On January 19, 2023, the Department of the Interior (“Interior”) issued a 60-day advance notice of a proposed rulemaking (ANPRM) that would revise and update the regulations for conducting certain natural resource damage...more

Podcast: CERCLA at 40: The Monster That Often Eats the Village

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began...more

Interior Issues Operating Principle for Natural Resource Damage Assessment and Restoration Program

On May 15, 2020, the U.S. Department of the Interior (“Interior”) updated an important policy memorandum associated with its Natural Resource Damage Assessment and Restoration (“NRDAR”) Program. ...more

NRD Consent Decree Shows Innovation Alive & Well at DOI

On June 3, 2019, the United States lodged a proposed Consent Decree under the Clean Water Act and the Oil Pollution Act that would resolve a suite of natural resource damages (NRD) claims by federal, state, and tribal...more

Department Of The Interior Closes Comment Period On NRDAR Regulations

On October 26, 2018, the Department of the Interior (Interior) closed a 60-day public comment period on its advance notice of a proposed rulemaking (ANPRM) that solicited ideas on revising Interior’s regulations for...more

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