The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I...more
1/25/2023
/ ASTM ,
CERCLA ,
Contaminated Properties ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Liability ,
Property Owners ,
Regulatory Standards ,
Statutory Defenses ,
Superfund
In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more
1/20/2023
/ CERCLA ,
Clean Water Act ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Regulatory Standards ,
Toxic Chemicals ,
Toxic Exposure ,
Water Supplies
We summarized in July the status of ethylene oxide (EtO) federal regulation and litigation risks facing companies using EtO. Since then, two personal injury jury trials claiming damages from EtO exposure have concluded – one...more
In our earlier post, Public and Regulatory Attention to Forever Chemicals is at an All-Time High, we discussed the expected and upcoming regulation of per- and polyfluoroalkyl substances (“PFAS”). Another chemical expected to...more
7/22/2022
/ Biden Administration ,
Cancer ,
Chemical Compounds ,
Chemicals ,
Comment Period ,
Enforcement Priorities ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Regulatory Agenda ,
Regulatory History ,
Regulatory Oversight ,
Risk Management ,
Rulemaking Process ,
Toxic Chemicals
It is standard practice today for real property purchasers to conduct an Environmental Phase I Environmental Site Assessment (“Phase I ESA”) or otherwise satisfy the All Appropriate Inquiries (“AAI”) requirement “in...more
Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a...more
Although most basic questions under the federal “Superfund” law have long since been addressed in detail by the federal EPA and the federal courts, Section 108 - Superfund’s “financial assurance provision” - is only now...more
U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt says that expediting cleanups at Superfund sites is one of his top priorities. Since 1980, EPA has had the authority to clean up contaminated sites and...more
Uncertainty and speculation have swirled over the last few months regarding whether U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt would replace the Clean Power Plan (CPP) after proposing to repeal the...more
On Friday, December 1, 2017, the U.S. Environmental Protection Agency (EPA) decided NOT to finalize rules to require hard rock mines and mineral processing operations to provide financial assurance to fund future cleanups of...more