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Property Owners Comprehensive Environmental Response, Compensation and Liability Act Environmental Protection Agency (EPA)

Latham & Watkins LLP

Southern California Fire Cleanup Considerations for Landowners

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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

Winstead PC

EPA’s PFAS Regulations: What Real Estate Professionals Need to Know

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In 2024, the U.S. Environmental Protection Agency (“EPA”) took significant steps to regulate per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.”...more

Greenbaum, Rowe, Smith & Davis LLP

EPA’s Designation of Two “Forever Chemicals” as Hazardous Substances Brings Potential Impacts to Manufacturers,...

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to regulate two per- and poly-fluoroalkyl substances (PFAS), perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The...more

Kelley Drye & Warren LLP

[Hybrid Event] PFAS Update Seminar - Sweeping PFAS Cleanup Liability on the Horizon - May 7th, Washington, DC

Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more

Farella Braun + Martel LLP

ASTM E1527–21 Is Now the Required ASTM Standard for All Appropriate Inquiries

As of February 13, 2024, ASTM E1527–21 is the required ASTM standard for All Appropriate Inquiries (AAI) in real estate transactions. Conducting AAI is required to establish the innocent landowner defense, as well as the bona...more

Pillsbury - PFAS Observer

The Long Road to PFAS Regulation

In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more

Vinson & Elkins LLP

Seven More PFAS for Superfund? EPA’s Potential Designation of New Hazardous Substances Under CERCLA

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The EPA (or “Agency”) is seeking public input and data regarding the potential future designation of seven per- and polyfluoroalkyl substances (“PFAS”) under the Comprehensive Environmental Response, Compensation, and...more

Miles & Stockbridge P.C.

With U.S. EPA’s Approval of ASTM E1527-21, a Revised Standard for Environmental Site Assessment Should Be Used

The U.S. Environmental Protection Agency (“U.S. EPA”) has revised the standards by which real property purchasers, lessees and environmental professionals should conduct a Phase I Environmental Site Assessment (“Phase I...more

Vinson & Elkins LLP

Update for Property Purchasers: PFAS, Phase Is, and CERCLA Protections

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In the latest development surrounding PFAS, EPA has published a direct final rule endorsing use of the newly updated ASTM E1527-21 standard for Phase I Environmental Site Assessments (“Phase Is”)...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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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

Downey Brand LLP

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

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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

Williams Mullen

EPA Releases New Guidance on CERCLA Landowner Liability Protections

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EPA recently issued a guidance document (the “Guidance”) that supersedes and clarifies its 2003 guidance on what prospective purchasers of real estate must do to qualify for one of CERCLA’s three landowner liability...more

Holland & Knight LLP

EPA Releases Updated CERCLA Common Elements Guide - Enforcement Discretion Guidance Provides Important Direction on Landowner...

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• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) imposes strict, joint and several, retroactive liability on property owners and operators for releases of hazardous substances. However,...more

Alston & Bird

Environmental & Land Use Briefing - June 2019

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Welcome to Alston & Bird’s Environmental & Land Use Briefing, a summary of emerging issues and recent developments in environmental and land use law. ...more

Bradley Arant Boult Cummings LLP

CERCLA and the Superfund Task Force: The more things change, the more they stay the same? - Thomson Reuters Westlaw

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601, known as CERCLA or the Superfund law, was enacted in 1980 during the final days of the Carter administration. It was intended to...more

Beveridge & Diamond PC

Montana Supreme Court Undercuts CERCLA, Permits Property Owners to Pursue Restoration Damages Claim

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In an opinion tilting against the weight of precedent elsewhere, the Montana Supreme Court held that private landowners could pursue common-law claims to clean-up their properties beyond what EPA required in its selected...more

Williams Mullen

Environmental Notes - March 2016

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U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Williams Mullen

EPA Seeks to Add Subsurface Intrusion to CERCLA Hazard Ranking System

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The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more

Dickinson Wright

Real Estate Legal News - October 2013 • Volume 4, Number 1

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In This Issue: - KEEP IT CLEAN: EPA ENDORSES NEW ASTM STANDARD FOR CONDUCTING ESAS: The United States Environmental Protection Agency (EPA) recently proposed a rule to recognize the updated standard of the...more

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