Natural Resource Damages & Environmental Justice
Environmental Agencies, Superfund Cleanups, and Managing Enforcement Actions
What are PFAS and Why Should We Care?
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
A broad range of reactions – from celebratory to alarmist – describe the workforce reductions and regulatory rollbacks proposed or currently underway at the U.S. Environmental Protection Agency (EPA). Notable concerns...more
On December 17, 2024, President Biden signed into law the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (Public Law No. 118-155) (the “Act”). The Act is a response to ongoing environmental...more
As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more
The Comprehensive Response Compensation and Liability Act (CERCLA or “Superfund”) imposes strict, joint and several liability on responsible parties for remediation of contaminated properties. As compared to other federal...more
It was 41 years ago that one of the more bizarre events in U.S. environmental history took place: two U.S. EPA officials were “kidnapped” by an angry environmental group in a working class neighborhood in New York. As many of...more
In Atlantic Richfield Co. v. Christian, the Supreme Court recently held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not prevent state courts from exercising jurisdiction over...more
On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more
The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more
On September 9, EPA’s Superfund Task Force released its final report on recommendations to improve the Superfund program. This eighty-page document is the culmination of EPA’s efforts that began with the initiation of the...more
The United States Environmental Protection Agency (‘EPA”) issued a “Final Report” from its Comprehensive Environmental Response, Compensation, and Liability Act/Superfund Task Force (“Task Force”). EPA had commissioned a...more
A case currently pending before the United States Supreme Court may significantly impact legal rights of potentially responsible parties (PRPs) involved in the cleanup of Superfund Sites. The case was brought in Montana State...more
Mainers interested in the question “how clean is clean?” – not to mention the Maine Department of Environmental Protection (DEP) – heavily rely on the Maine Remedial Action Guidelines (RAGs) for Sites Contaminated with...more
The United States Environmental Protection Agency (“EPA”) issued a July 24th news release describing what it characterized as the “One-Year Anniversary Accomplishments.” The news release also reviews the federal agency’s...more
U.S. Environmental Protection Agency (“EPA”) Administrator Scott Pruitt has made it clear that one of his top priorities during his tenure is to expedite cleanups at contaminated sites across the country. To achieve this goal...more
The Consolidated Appropriations Act of 2018 includes, at pages 1768-1786 of the bill, the “Brownfields Utilization, Investment, and Local Development Act of 2018,” also known as the “BUILD Act.” This is a bi-partisan bill...more
While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers...more
Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more
In a Directive sent to Regional Administrators on January 9, 2017, the U.S. Environmental Protection Agency (“EPA”) Office of Land and Emergency Management has identified eleven recommendations intended to facilitate the...more
The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more
Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more
Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more
Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection...more
Late last month EPA issued draft guidance on adjusting post-closure periods under RCRA. It’s not good news. ...more