Federal legislation has been introduced into the United States House of Representatives to designate all PFAS chemicals as Comprehensive Environmental Response Compensation Liability Act (“CERCLA”or “Superfund”) hazardous...more
The New York State Departments of Health and Environmental Conservation announced that the New York State Drinking Water Council (“Council”) issued recommendations regarding Maximum Contaminant Levels (“MCLs”) for PFOA and...more
The United States Environmental Protection Agency (“EPA”) and Birds Eye Foods, LLC (“Birds Eye”) entered into a December 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Comprehensive...more
The New Mexico Environment Department (“NMED”) announced in a December 4th news release that it issued a Notice of Violation (“NOV”) to the United States Air Force (“Air Force”) regarding PFAS and Poly-Fluoroalkyl Substances...more
The United States Court of Appeals for the Third Circuit (“Court”) addressed in an October 5th opinion a Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) liability issue. See Pa. Dep’t of Envtl,...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a November 7th final rule amending the federal Hazardous Materials Regulations (“HMR”). See 83 Fed. Reg. 55792.
The Hazardous...more
11/14/2018
/ Department of Transportation (DOT) ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Hazardous Waste ,
Manufacturers ,
PHMSA ,
Pipelines ,
Recordkeeping Requirements ,
Regulatory Requirements
The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 9th news release indicating that a Brownfield Certificate of Completion will be issued to a City of Hot Springs, Arkansas, Brownfield which is the...more
The United States District Court for the Western District of Pennsylvania (“Court”) addressed in an October 1st opinion whether the Hazardous Materials Transportation Act (“HMTA” or “Act”) preempted state tort law claims in...more
The United States Environmental Protection Agency (“EPA”) and Welch Foods, Inc. (“Welch”) entered into a September 28th Consent Agreement and Final Order (“CAFO”) addressing alleged violations regarding the Clean Air Act...more
The Court of Appeals of Wisconsin (“Court”) in a September 28th opinion addressed whether a tenant breached a commercial lease because of contamination originating from its dry cleaning operation. See In Re the Writ of...more
The United States Senate Homeland Security and Governmental Affairs Subcommittee (“Subcommittee”) held a September 26th hearing titled:
The Federal Role in the Toxic PFAS Chemical Crisis...more
The United States Environmental Protection Agency (“EPA”) and Kroger Limited Partnership II d/b/a Winchester Farms Dairy (“Winchester”) entered into an August 14th Expedited Settlement Agreement (“ESA”) addressing alleged...more
Waterkeeper Alliance and a number of other environmental organizations (collectively “Waterkeeper”) filed a September 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Environmental...more
10/2/2018
/ Administrative Procedure Act ,
Agricultural Sector ,
CERCLA ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Farms ,
Hazardous Substances ,
Hazardous Waste ,
Injunctive Relief ,
Reporting Requirements ,
Rulemaking Process
The United States Environmental Protection Agency (“EPA”) added five sites to the Comprehensive Environmental Response Compensation and Liability Act (“Superfund”) National Priority List (“NPL”). See 83 Fed. Reg....more
The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) granted a Petition submitted by the National Tank Truck Carriers Association requesting that the State of...more
A United States District Court (Eastern District of California) (“Court”) addressed in a September 4th opinion the potential liability of an individual under the federal Resource Conservation and Recovery Act (“RCRA”) and...more
The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a September 13th opinion a judicial challenge to California Senate Bill 84 (“SB 84”) which requires railroads to collect fees from customers...more
A United States District Court (Eastern District of California) addressed in a June 27th decision an issue involving the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) terms “Owner” and...more
The United States Environmental Protection Agency (“EPA”) in June 25th Federal Register notice states that it will establish no additional regulatory requirements under the Clean Water Act 311(j)(1)(C) for hazardous...more
6/27/2018
/ Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Maritime Transport ,
Oil & Gas ,
Petroleum ,
Regulatory Requirements ,
Rulemaking Process ,
Spill Prevention Plans ,
Storage Tanks
The United States Environmental Protection Agency (“EPA”) and Save-A-Lot, Ltd. (“SAL”) entered into a May 8th Consent Agreement (“CA”) addressing alleged violations of Section 112(r) of the Clean Air Act and the regulations...more
The Petroleum Marketers Association of America (“PMAA”) and its state chapter The Arkansas Oil Marketers Association (“AOMA”) published in their June 15th newsletters a reminder regarding the United States Department of...more
The United States Occupational Safety and Health Administration (“OSHA”) issued a June 8th memorandum titled:
Enforcement Launch for the Respirable Crystalline Silica Standard in General Industry and Maritime, 29 C.F.R. §...more
The State of Vermont (by and through the Vermont Attorney General) (“Vermont”) and Moretown Landfill, Inc. (“MLI”) entered into a Consent Order and Final Judgment Order (“Consent Order”) addressing alleged violations...more
\The United States Court of Appeals for the Ninth Circuit (“Court”) addressed whether a California tax-sale purchaser was entitled to a third-party defense provided by the Comprehensive Environmental Response, Compensation,...more
The United States Court of Appeals for the District of Columbia (“Court”) overturned a determination by the United States Environmental Protection Agency (“EPA”). See Genuine Parts Co. v. EPA, No. 16-1416, 2018 WL 2271086...more
5/24/2018
/ CERCLA ,
Contaminated Properties ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Evidence ,
Groundwater ,
Hazardous Substances ,
National Priorities List (NPL) ,
Site Remediation ,
Superfund ,
Water Supplies