News & Analysis as of

Comprehensive Environmental Response, Compensation and Liability Act Regulatory Reform

Farella Braun + Martel LLP

EPA Seeks a Fourth Abeyance to Reassess Its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

EPA has been granted a fourth abeyance of pending litigation related to the Biden administration’s designation of PFOA and PFOS as hazardous substances under CERCLA....more

Foley Hoag LLP - Environmental Law

Superfund May Be Fundamentally Broken, But That Doesn't Mean that It Can't Be Improved

Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more

Farella Braun + Martel LLP

EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

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

K&L Gates LLP

EPA Provides Update on PFAS Drinking Water Standards

K&L Gates LLP on

On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)...more

Pillsbury - PFAS Observer

Court Grants Additional 30-Day Pause in PFAS Drinking Water Rule Litigation

On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA,...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Announces Sweeping Deregulatory Agenda: The Complete Set of EPA’s 31 Actions and Affected Environmental Regulations

In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more

Wenning Environmental

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

Wenning Environmental on

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

Farella Braun + Martel LLP

EPA Signals Potential Change of Position Regarding Key 2024 PFAS Rulemakings

In February 2025, newly installed EPA leadership sought and obtained orders from the D.C. Circuit Court of Appeals staying pending legal challenges to two key rulemaking actions by the former administration: the setting 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

Troutman Pepper Locke

Recent Executive Action May Impact PFAS Regulation

Troutman Pepper Locke on

The regulation of per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” was a focal point for the Biden administration. In April 2024, the administration, through the U.S. Environmental Protection Agency (EPA),...more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

DarrowEverett LLP

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

DarrowEverett LLP on

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

McGlinchey Stafford

Potential Impacts on EPA Superfund Program During Trump’s Second Term

McGlinchey Stafford on

The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald...more

Holland & Knight LLP

EPA Designates 2 PFAS Compounds as Hazardous Substances

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Hinckley Allen

The Next Big Area of Environmental Regulation: PFAS & the Evolving Federal Regulations: Part II (UPDATED)

Hinckley Allen on

This is Part II of a three part series.  Check out Part I, where our attorneys explain what PFAS is, and stay tuned for Part III, where our attorneys delve further into certain state regulations on PFAS....more

Nossaman LLP

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

Nossaman LLP on

PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more

Perkins Coie

Two PFAS Designated as CERCLA Hazardous Substances

Perkins Coie on

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

Snell & Wilmer

EPA opens the Door to Widespread Liability to Businesses

Snell & Wilmer on

EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more

Bodman

EPA Submits Final Rules Identifying PFAS as Hazardous Substances

Bodman on

The United States Environmental Protection Agency (EPA) has submitted final rules that affect businesses that manufactured or used PFAS substances and establish maximum contaminant levels (MCLs) for drinking water....more

Foley Hoag LLP - Environmental Law

EPA Designates PFAS as Hazardous Substances; EPA Is More Confident Than I Am that the Sky Isn't Fall

Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with...more

Pierce Atwood LLP

EPA Designates Two PFAS as Hazardous Substances

Pierce Atwood LLP on

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,...more

Jones Day

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

Jones Day on

On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more

Nossaman LLP

EPA Designates Two PFAS as Hazardous Substances Under CERCLA | Part I: Impacts on Potentially Responsible Parties

Nossaman LLP on

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more

Stinson LLP

EPA Finalizes Groundbreaking Rule to Regulate Two PFAS under CERCLA

Stinson LLP on

On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more

Eversheds Sutherland (US) LLP

In long-awaited move, EPA designates two PFAS as hazardous substances and issues PFAS enforcement policy

Capping a flurry of recent activity concerning per- and polyfluoroalkyl substances (PFAS), US EPA on April 19, 2024 designated two PFAS as hazardous substances. Designations of other PFAS are likely to follow. The same day,...more

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