News & Analysis as of

Corporate Counsel Comprehensive Environmental Response, Compensation and Liability Act

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

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On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

MG+M The Law Firm

Schaap v. United States: PFAS Litigation Continues to Evolve with Novel Takings Clause Claim

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Per- and polyfluoroalkyl substances (PFAS) litigation is rapidly becoming one of the most dynamic and evolving areas of environmental law. With thousands of cases consolidated in the Aqueous Film-Forming Foams (AFFF)...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

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

Pillsbury Winthrop Shaw Pittman LLP

New York’s “Climate Superfund” Bill becomes Law, Part of a Trend

In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more

Beveridge & Diamond PC

Environmental Enforcement Update: What to Expect In the Second Trump Administration

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We anticipate President Trump’s upcoming term will usher in significant shifts in U.S. environmental enforcement priorities and practices. Beveridge & Diamond has helped clients navigate every change in administration since...more

BakerHostetler

2024 Promises To Be a Critical Year for New PFAS Regulations

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The new year will be a busy one for federal and state per- and polyfluorinated alkyl substances (PFAS) regulations. There are a number of new federal rulemakings, including those under the Comprehensive Environmental...more

Holland & Knight LLP

Year in Review: 2022 PFAS Regulatory Updates

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The U.S. Environmental Protection Agency (EPA) in 2022 advanced many of its regulatory priorities laid out in its October 2021 PFAS Strategic Roadmap across multiple regulatory programs. Below are some of the highlights, many...more

MG+M The Law Firm

A Year of Changes Under EPA's PFAS Strategic Roadmap

MG+M The Law Firm on

On November 17, 2022, the US Environmental Protection Agency (EPA) released “A Year of Progress Under EPA’s PFAS Strategic Roadmap,” which summarizes its actions since the PFAS Strategic Roadmap was released in October 2021....more

Dickinson Wright

U.S. EPA Proposed Listing of PFOA and PFOS: The Effects and Costs of Forever Chemicals

Dickinson Wright on

On September 6, 2022, the U.S EPA’s long-awaited proposed rule to list perfluorooctanoic acid (PFOA) and perluoroocanesulfonic acid (PFOS) as CERCLA hazardous substances was published in the Federal Register (Proposed Rule)....more

Troutman Pepper Locke

EPA Announces New “Strategic Roadmap” for PFAS

Troutman Pepper Locke on

Yesterday, the U.S. Environmental Protection Agency (EPA) announced a new “Strategic Roadmap (Roadmap),” describing a suite of ongoing and future agency actions to address per- and polyfluoroalkyl substances (PFAS). While...more

Seyfarth Shaw LLP

EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation

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Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more

Downey Brand LLP

U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?

Downey Brand LLP on

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

Davis Wright Tremaine LLP

Will Questions About FTC Enforcement Authority Shift Enforcement to CFPB?

In a decision that could have broad implications for the Federal Trade Commission’s (FTC) remedial authority, the 7th Circuit Court of Appeals recently overturned a $5 million restitution award to the FTC in a consumer...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Regs That Have Been Revoked, Stayed or Postponed by the New Administration

Only a few existing federal environmental rules have been set aside or overturned by the new Administration, and these actions were taken by the Congress in accordance with the special procedures of the Congressional Review...more

Beveridge & Diamond PC

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

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The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more

Pillsbury - Gravel2Gavel Construction & Real...

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to...more

Morrison & Foerster LLP

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Launches Advisory Panels: On June 15, 2016, the U.S. Environmental Protection Agency (EPA) launched two advisory panels designed to facilitate small businesses to provide feedback to EPA...more

Seyfarth Shaw LLP

8th Circuit Court Finds Class Action Inappropriate to Resolve Neighborhood Claims for Damages Arising From Environmental...

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Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more

McGuireWoods LLP

Environment 2016: Waste Management and Contamination Issues

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The U.S. Environmental Protection Agency (EPA) finalized and proposed a number of rules and guidance in 2015 - changes the regulated community will need to monitor closely in 2016, including how many states may implement...more

Robinson+Cole Manufacturing Law Blog

Environmental, Health & Safety – What to Watch in 2016

To round out our series on industry and legal outlooks for 2016, I have compiled some of the many things for manufacturers to be aware of in the Environmental Health & Safety world for 2016....more

Faegre Drinker Biddle & Reath LLP

Buyers Must Soon Comply With New Environmental Due Diligence Standard

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

Bracewell LLP

A $6 Million Reminder to Observe Corporate Formalities: Environmental Prosecutors Pierce Another Corporate Veil with Ohio Decision

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With ever-growing concern about environmental liability exposures, many shareholders rely on corporate structures – both simple and complex – to help insulate themselves from direct responsibility for the acts and omissions...more

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