News & Analysis as of

Comprehensive Environmental Response, Compensation and Liability Act Public Health

Venable LLP

U.S. EPA Delineates PFAS Plans

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The U.S. Environmental Protection Agency (EPA) issued a press release on April 28 setting forth its “first, not the last” statement regarding “major” actions and initiatives it intends to undertake to address human health and...more

Wenning Environmental

Will damage, impact, and risk assessment get “DOGE’d”?

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President Trump’s January 31, 2025, executive order (EO), Unleashing Prosperity Through Deregulation, and the White House Council on Environmental Quality (CEQ) February 25 interim final rule removing CEQ regulations...more

Latham & Watkins LLP

Southern California Fire Cleanup Considerations for Landowners

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Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws. In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is...more

Pillsbury - PFAS Observer

Maryland Files PFAS Suit Against Downstream Manufacturer

Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more

Pillsbury - PFAS Observer

Court Approves 60-Day Stays in Legal Battles over Biden-Era PFAS Regulations amid Administration Shift

In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more

BCLP

EPA Guidance on PFAS in Biosolids

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On January 15, 2025, the United States Environmental Protection Agency (“EPA”) published its “Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” (“Draft Risk...more

McGuireWoods LLP

Contaminants Compass: February 2025 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses...more

Verrill

Converting Risk to Reward in the Biosolids Industry

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Despite having over 130 years of collective environmental law experience, Verrill’s environmental group is very cautious in making predictions about the future. But sometimes we identify a trend that seems so obvious that we...more

Lathrop GPM

EPA Releases Long Awaited Risk Assessment of PFOA and PFOS in Biosolids

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On January 14, 2025, the EPA released for public comment a risk assessment report evaluating the potential risks associated with land application and land disposal of biosolids containing two types of PFAS, PFOA and PFOS....more

Schwabe, Williamson & Wyatt PC

EPA Identifies Significant Concerns for Producers Due to Biosolids That Contain PFAS

As part of the agency’s efforts to regulate per- and polyfluoroalkyl substances (PFAS), the EPA released a draft risk assessment for use of sewage sludge that is land-applied as a soil conditioner or fertilizer. Public...more

Bergeson & Campbell, P.C.

Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits

On January 7, 2025, Lynn L. Bergeson was interviewed by Christopher Bornmann in Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits for the 3E blog. Originally...more

Foley Hoag LLP - Environmental Law

More on Climate Superfund Laws and Litigation

Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been...more

UB Greensfelder LLP

Is PFAS the Next Asbestos?

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PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of the PFAS phenomenon. ...more

DarrowEverett LLP

The Future of U.S. Environmental Regulation: What to Expect in 2025

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While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as...more

Pullman & Comley, LLC

Forever Chemicals Present Significant Challenges for Commercial Real Estate

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In recent years, PFAS — or “forever chemicals” — have emerged as a major topic of concern for landowners, business owners and environmental and real estate professionals as regulators focus more attention on the management...more

Mitchell, Williams, Selig, Gates & Woodyard,...

GenX/Safe Drinking Water Act: Federal Appellate Court Addresses Reviewability of Health Advisory

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 23rd Opinion an issue arising out of publication of a health advisory by the United States Environmental Protection Agency (“EPA”). See Chemours...more

Mintz

EPA's explanation that PFAS are unsafe in minute concentrations is turning out to have serious ramifications for many, including...

Mintz on

Lara Beaven of Inside PFAS Policy reports that Maine farmers have joined litigation against the Environmental Protection Agency for not yet regulating the presence of PFAS in sewage sludge. The plaintiffs in that litigation...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting...more

Ward and Smith, P.A.

From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

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Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more

Nossaman LLP

EPA Action on “Forever Chemicals”

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Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

White & Case LLP

US EPA lists two PFAS aka “forever chemicals” as Hazardous Substances under CERCLA

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On April 19, 2024, the US Environmental Protection Agency (“US EPA”) announced its final rule designating two per- and polyfluoroalkyl substances (“PFAS”), namely perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

Lippes Mathias LLP

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

Lippes Mathias LLP on

On April 19, 2024, EPA promulgated its highly anticipated final rule (the “Rule”) designating two types of PFAS – perfluorooctanoic acid (PFOA) and perflurooctanesulfonic acid (PFOS) – as hazardous substances under the...more

WilmerHale

PFAS Milestones: EPA Sets Drinking Water Standard, Labels Two Compounds Hazardous Substances

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The Environmental Protection Agency’s (EPA) recent rulemakings for per- and polyfluoroalkyl substances (PFAS) have far-reaching implications for a broad range of industries, regulated entities, and regulatory bodies. First,...more

Bilzin Sumberg

EPA Acts Swiftly to Address PFAS Contamination

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Announcing PFAS Drinking Water Standard, Moves to Designate PFAS as Hazardous Substance Under CERCLA -...more

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