News & Analysis as of

Site Remediation Contamination Comprehensive Environmental Response, Compensation and Liability Act

Farella Braun + Martel LLP

Sixth Circuit Rules that Party Found Liable under CERCLA Section 107 Is Not Entitled to Declaratory Relief for Future Cleanup...

On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

Fox Rothschild LLP

EPA’s Third Annual PFAS Progress Report

Fox Rothschild LLP on

On November 14, 2024, EPA issued its third annual progress report on its PFAS Roadmap reporting on the agency’s three years of progress against its overarching goals of restrict, remediate, and research PFAS. The...more

BCLP

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

Lathrop GPM on

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

Goldberg Segalla

Leading with Lead: EPA to Implement Strategy for Lead in 2024

Goldberg Segalla on

The U.S. Environmental Protection Agency kicked off the New Year by strengthening its guidance for investigating and cleaning up lead-contaminated soil at residential properties, especially in areas where children live and...more

Lowenstein Sandler LLP

PFAS–The Great Reopener: USEPA Warns It May Reopen Closed Sites for PFAS Contamination

Lowenstein Sandler LLP on

Typically, final remediation documents (no-further-action letters, response action outcomes, and the like) signal the end of remediation at a contaminated site. Upon receipt of the documents, responsible parties can often...more

(ACOEL) | American College of Environmental...

New Mexico Eviscerates the Absolute Pollution Exclusion

In my last blog, I discussed the seminal ruling in Chisholm’s-Village Plaza, LLC v. Travelers Insurance Co., et al.; No. 2:20-cv-00920-JB-KRS, in which the United States District Court for the District of New Mexico analyzed...more

MG+M The Law Firm

Proposed Carve-Out Permits Settling Litigants to Recover Costs of PFAS Cleanup in New York

MG+M The Law Firm on

New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more

Beveridge & Diamond PC

MTCA Liability for Smokestack Emissions

Beveridge & Diamond PC on

Last month, a federal court judge in the Eastern District of Washington concluded that deposition of aerial emissions from a smokestack could support a claim for arranger liability under Washington’s cleanup statute, the...more

ArentFox Schiff

Maine Court Approves Consent Decree on Long-Running RCRA Suit, Rejects Request to Bar Future Claims

ArentFox Schiff on

Consent decrees play a major role in environmental litigation. This week, Maine People’s Alliance v. Holtrachem Manufacturing Company, one of the nation’s longest-running cases under the Resource Conservation and Recovery...more

Morgan Lewis

US Ordered to Pay $20.3 Million to ExxonMobil for Cleanup of Wartime Environmental Pollution

Morgan Lewis on

The US District Court for the Southern District of Texas issued its third opinion on August 19 in the decade-long fight between Exxon Mobil Corporation (ExxonMobil) and the US government over who is responsible for the costs...more

Holland & Knight LLP

Fifteen States and State Associations Comment on EPA’s Draft PFAS Guidance

Holland & Knight LLP on

In the latest development in the federal government's efforts to develop a framework for addressing groundwater contaminated with perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS), the United States...more

Holland & Knight LLP

EPA Issues Draft Interim PFAS Guidelines for Public Comment

Holland & Knight LLP on

On April 25, 2019, The U.S. Environmental Protection Agency (EPA) announced issuance of Draft Interim Recommendations to Address Groundwater Contaminated with Perfluorooctanoic Acid and Perfluorooctane Sulfonate. According to...more

Snell & Wilmer

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

Snell & Wilmer on

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

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