News & Analysis as of

Groundwater Contamination

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

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 13th Proposed Order and Assessment (“Order”) to Murphy Oil USA, Inc. (“Murphy Oil”) addressing alleged violations of the Tennessee Underground...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

BCLP

EPA Guidance on PFAS in Biosolids - Update

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The United States Environmental Protection Agency (“EPA”) has extended the public comment period for the Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) (“Draft...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s Newly Adopted Amendments to Ground Water Quality Standards Will Significantly Impact Ongoing Remediation Projects in New...

The New Jersey Department of Environmental Protection (NJDEP) has amended the Ground Water Quality Standards (GWQS), effective on February 3, 2025. The rule, as adopted, does not differ substantially from the January 2024...more

McGuireWoods LLP

Contaminants Compass: January 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 the...more

Allen Matkins

From Waves to Wells Seawater Desalination and Coastal Groundwater Basins

Allen Matkins on

Traditional sources of freshwater are dwindling as a result of increased demand, reduced natural replenishment, volatile weather patterns, and extended-duration droughts. Desalination, the industrial-scale removal of salt...more

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

Improving Groundwater Security in the United States: President's Council of Advisors on Science and Technology Report

The President’s Council of Advisors on Science and Technology (“PCAST”) released a December 2024 report titled: REPORT TO THE PRESIDENT: Improving Groundwater Security in the United States (“Report”)....more

Foley Hoag LLP - Environmental Law

EPA Bans TCE (sort of). Is the "New" TSCA Working?

Last week, EPA released two final rules under TSCA. The first rule bans all uses of trichloroethylene (TCE). The ban is subject to several temporary exemptions for certain uses under § 6(g) of TSCA. The second rule bans...more

BCLP

PFAS in Groundwater: State-by-state Regulations - November 2024

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In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more

McGuireWoods LLP

Contaminant Compass: November 2024 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 new...more

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

Verification of Land-Use Controls at RCRA Corrective Action Facilities: U.S. EPA Office of Inspector General Report

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) has issued a report titled: The EPA Needs to Improve the Verification of Land-Use Controls at Resource Conservation and Recovery Act...more

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

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

McGuireWoods LLP

Contaminants Compass: September 2024 Edition

McGuireWoods LLP on

“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 how...more

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

RCRA/11th Amendment: Federal Court Addresses Immunity of Two California Officials

A United States District Court (E.D. California) (“Court”) addressed in a July 31st Order a federal question jurisdiction issue arising out of a Federal Resource Conservation and Recovery Act (“RCRA”) judicial action. See...more

Lowenstein Sandler LLP

Without Actual Collection of Damages, Mere CERCLA Liability Not Barred as Double Recovery, Says Ninth Circuit Ground Water Quality...

Lowenstein Sandler LLP on

On April 15, in Santa Clarita Valley Water Agency v. Whittaker Corp., et al., No. 22-55727, slip op., -- F.4th – (9th Cir. 2024) (SCVWA), the U.S. Court of Appeals for the Ninth Circuit (Court of Appeals) held that in a...more

WilmerHale

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

WilmerHale on

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

MG+M The Law Firm

Battle Over PFAS: Michigan Supreme Court Takes on Regulatory Challenge

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On Friday, April 26, 2024, Michigan Supreme Court Justices accepted a briefing from the Homebuilders Association of Michigan in support of a manufacturer’s challenge to the State’s maximum containment levels for certain per-...more

Harris Beach Murtha PLLC

EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...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

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

Pillsbury - PFAS Observer

Breaking Ground(water): RICO Ruling Reshapes PFAS Litigation

Yet another new horizon looms for PFAS litigation. Numerous PFAS claims, like those involving deceptive trade practices due to PFAS in food packaging, seldom withstand a motion to dismiss, but the emergence of a novel...more

Saul Ewing LLP

NJDEP Proposes Amendments to Ground Water Quality and Remediation Standards

Saul Ewing LLP on

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality...more

Lowenstein Sandler LLP

New Year, (Likely) New Remediation Standards–NJDEP Kicks Off 2024 With Proposed Ground Water Quality Standards

On Jan. 2, the New Jersey Department of Environmental Protection (NJDEP) rang in the new year by publishing a Proposed Rule updating the Ground Water Quality Standards (GWQS) for 65 of the 73 constituents currently regulated...more

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