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Hazardous Substance Enforcement: Washington D.C. Attorney General and Potomac Electric Power Company Enter into Amended Consent...

The Attorney General for the District of Columbia (“AG”) and Potomac Electric Power Company (“Pepco”) entered into a First Amendment to Consent Decree (“Amended Decree”) addressing alleged releases of hazardous substances....more

Hazardous Air Pollutants/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing Issues Associated with...

The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Portage, Indiana, Water Company Enter into Consent Agreement...

The United States Environmental Protection Agency (“EPA”) and Indiana- American Water Company, Inc. (“IAWC”) entered into an August 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more

Tank Rupture/Hazardous Materials Transportation Act: Federal Court Addresses Whether State Law Claims for Negligence/Strict...

The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

Natural Resources Damages/CERCLA Enforcement: Colorado and Vail Ski Resort Enter into Settlement Agreement

Various State of Colorado entities and agencies and Vail Corporation d/b/a Vail Mountain (“Vail Mountain”) entered into an August 16th Settlement Agreement (“Agreement”) addressing alleged violations of the following: ...more

Refinery/CERCLA: Federal Appellate Court Addresses Whether United States Controls During World War II Established it as an...

Co-Author: Elizabeth Strickland The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) addressed in a June 23rd Opinion the scope of the Comprehensive Environmental Response, Compensation, and Liability...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Ammonium...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) transmitted a July 17th letter clarifying the application of the Hazardous Materials Regulations (“HMR”) applicable to the classification of ammonium...more

PFAS Safe Drinking Water Act: National Association of Clean Water Agencies Comments on U.S. Environmental Protection Agency...

The National Association of Clean Water Agencies (“NACWA”) submitted comments on proposed Safe Drinking Water Act (“SDWA”) National Primary Drinking Water Standards for six PFAS which include: Perfluorooctanoic acid...more

PFAS/Advanced Notice of Proposed Rulemaking: ASTSWMO Comments on EPA Query Regarding Additional CERCLA Hazardous Designations

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted June 15th comments on the United States Environmental Protection Agency’s (“EPA”) Advanced Notice of Proposed Rulemaking...more

PFAS Advanced Notice of Proposed Rulemaking: Association of State Drinking Water Administrators Comments on EPA Query Regarding...

The Association of State Drinking Water Administrators (“ASDWA”) submitted June 13th comments on the United States Environmental Protection Agency’s (“EPA”) Advanced Notice of Proposed Rulemaking (“ANPRM”) titled: ...more

Bipartisan PFAS Senate Legislation Drafted: United States Senators Carper and Capito Seek Stakeholder Comment

United States Senators Tom Carper (Delaware) and Shelley Moore Capito (West Virginia) released draft per- and polyfluoroalkyl substances (“PFAS”) legislation for stakeholder comment. Senator Carper and Senator Capito are...more

Well Water/Sale of Residence: Ohio Appellate Court Addresses Failure to Disclose/Fraud Issue

The Court of Appeals of Ohio (“Court”) addressed in a June 12th Opinion an issue involving an alleged fraudulent misrepresentation made by the seller of a home involving contamination of its well water. See Enger v. Black,...more

PFAS CERCLA (Superfund) Liability: Congressional Letter Requesting Equal Treatment (Enforcement Discretion) for Privately...

Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately...more

Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 9th interpretive letter the application of the Hazardous Materials Regulations (“HMR”) applicable to products containing...more

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and McArthur, Ohio, Explosive Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Austin Powder Company (“APC”) entered into a June 8th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Comprehensive Environmental...more

PFAS CoSTS Model: Association of State Drinking Water Administrators Releases Adaption of the Cost of State Transactions Study

The Association of State Drinking Water Administrators (“ASDWA”) announced the release of a document titled: PFAS Cost of State Transactions Study (“PCoSTS”) The PCoSTS is a model adapted from the organization’s...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Portable...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 8th letter a request for clarification of the Hazardous Materials Regulation (“HMR”) in terms of applicability to a Portable Emission...more

Hazardous Materials Regulations Proposed Rulemaking: Pipeline and Hazardous Materials Safety Administration Adoption of...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a Notice of Proposed Rulemaking (“NPRM”) that includes amendments to the federal Hazardous Materials Regulations (“HMR”). See...more

Waters of the United States/Clean Water Act: United States District Court Judge (Southern District of Texas) Enjoins Enforcement...

United States District Judge (Southern District of Texas) Jeffrey Vincent Brown (“Court”) issued a March 19th Memorandum Opinion and Order Granting Preliminary Injunction (“Order”) addressing a challenge to a final rule...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Shipper...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) sent a December 22, 2022, interpretive letter to Linde Gas & Equipment Inc. (“Linde Gas”) addressing the...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 22, 2022, interpretive letter clarification of Hazardous Materials Regulations (“HMR”) as to what constitutes a “contiguous facility...more

Mercury and Toxic Standards for Power Plants: U.S. Environmental Protection Agency Final Rule Reaffirming Appropriate and...

The United States Environmental Protection Agency (“EPA”) published on February 15th a final rule reaffirming its decision that it remains appropriate and necessary to regulate hazardous air pollutants (“HAP”) from power...more

Release Reporting/CERCLA: U.S. Environmental Protection Agency and Oshkosh, Wisconsin, Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and CB Manufacturing Company, Inc. (“CB”) entered into a December 19th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a December 6th interpretive letter the application of the Hazardous Materials Regulations (“HMR”) to...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Sterling, Kansas, Oilfield Chemical Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and JACAM Catalyst, LLC (“JACAM”) entered into a January 3rd Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Resource Conservation and...more

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