Navigating the Inflation Reduction Act: Insights on Brownfield Energy Community Credits - Energy Law Insights
The National Municipal Stormwater Alliance (“NMSA”) submitted April 4th comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed Clean Water Act National Pollutant Discharge Elimination...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a document tilted: Transitioning Fund-Financed Site Remedies from EPA to the States: A Guide for Project Managers...more
In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more
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
PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals...more
A bill introduced in the U.S. Senate seeks to protect composting, recycling, and garbage facilities from cleanup cost liability if they receive and manage solid waste or biosolids containing PFAS compounds....more
In last year’s update, we provided an overview of federal and California regulatory actions designed to protect public health and the environment from the impacts of per- and polyfluoroalkyl substances (PFAS). These actions...more
The U.S. Environmental Protection Agency (EPA) is considering expanding the number of per- and polyfluoroalklyl substances (PFAS) compounds classified as “hazardous substances” under the Comprehensive Environmental Response,...more
In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water...more
Developing a Proactive and Strategic Game Plan - Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses...more
The United States Department of Justice (“DOJ”) and seven Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) potentially responsible parties (“PRPs”) entered into a May 20th Consent Decree...more
Recent guidance issued by the U.S. Environmental Protection Agency (“EPA”) evidences EPA’s intention to better incorporate Environmental Justice (“EJ”) considerations into program administration and enforcement. ...more
I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more
The United States Court of Appeals for the Seventh Circuit (“Court”) addressed in a March 31st Opinion the indemnification provision of an Asset Purchase Agreement (“APA”) involving contamination that was identified...more
State and local governments are in a unique position when it comes to facilitating the cleanup and redevelopment of contaminated properties within their jurisdictions and can play a vital role in revitalizing neighborhoods...more
Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more
Prior to April 2020, it seemed clear under prevailing federal case law that a disgruntled person could not use a state court lawsuit to change an environmental remedy approved by the U.S. Environmental Protection Agency (EPA)...more