The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more
The California Senate’s Environmental Quality Committee recently passed, as amended, SB 682, and referred the bill to the Senate Committee on Health for a further hearing. If ultimately enacted as law, SB 682 would result in...more
On April 17, 2025, the Ninth Circuit Court of Appeal will hear oral argument in Pakootas v. Teck Cominco on a question that has plagued CERCLA NRD practitioners and parties for years, if not decades: whether cultural...more
On January 3, 2025, EPA issued a press release announcing that nine additional PFAS had been added to the Toxics Release Inventory (TRI) for Reporting Year 2025. These nine PFAS were automatically added to the TRI pursuant to...more
On September 30, 2024, California Governor Gavin Newsom announced that he signed AB 2515 into law. Among other things, AB 2515 prohibits the manufacture, distribution, and sale of menstrual products containing “regulated...more
A legal challenge is pending in the D.C. Circuit Court of Appeals with respect to EPA’s April 19, 2024 final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under...more
On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. The designation of these two PFAS...more
The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On November...more
11/22/2022
/ California ,
Contamination ,
Equitable Relief ,
Failure To Warn ,
Fraudulent Transfers ,
Hazardous Substances ,
Manufacturer Liability ,
Negligence Per Se ,
PFAS ,
Public Nuisance ,
State Attorneys General ,
Strict Product Liability ,
Toxic Chemicals ,
Unlawful Practices
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination.
The PFAS Action Act of 2021 passed in the House and was received in...more
4/21/2022
/ Air Pollution ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Hazardous Waste ,
PFAS ,
RCRA ,
Reporting Requirements ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Utilities Sector
Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more
7/29/2016
/ Air Pollution ,
Appeals ,
CERCLA ,
Clean-Up Costs ,
Contamination ,
Cross-Border ,
Discharge of Pollutants ,
Environmental Liability ,
Hazardous Substances ,
Natural Resources ,
RCRA ,
Reversal ,
Soil ,
Tribal Lands ,
Water Pollution