New PFAS/PFOS Regulations May Reopen Sites

by Mitchell J. Klein Environmental practitioners are well aware of the astonishing breadth and scope of the impacts resulting from the investigations into the ubiquitous presence of the so-called “forever chemicals”, including the significant efforts being expended at both the … Continue reading

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What Will EPA Do with Its New Superfund Money?

by Mitchell J. Klein The Senate’s bipartisan infrastructure bill, which passed Aug. 10, contains a provision that would bring back an excise tax that expired in 1995 on a lengthy list of raw chemicals. House Democrats also want it to … Continue reading

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U.S. House Passes PFAS Action Act of 2021

by Patrick J. Paul On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021.  The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their Democratic colleagues in supporting … Continue reading

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Delaware Companies Agree to $50 Million PFAS Settlement

by Patrick J. Paul In what has been described by some as a landmark environmental justice resolution, on July 13, 2021, Delaware-based companies DuPont, Chemours and Corteva agreed to pay Delaware $50 million according to a settlement reached in connection with … Continue reading

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Environmental Justice: A Focus in Criminal Enforcement

by Amanda Reeve and Lucas J. Narducci The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice (“EJ”) goals.  … Continue reading

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ADEQ & Governor Ducey Announce PFAS Funding for Tucson Water

by Patrick J. Paul On June 21, 2021, in conjunction with the Arizona Department of Environmental Quality (ADEQ), Governor Doug Ducey announced the provision of $2 million in state funding to facilitate the restart of Tucson Water –– a treatment … Continue reading

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Changes Coming Soon to a Due Diligence Project Near You!

by Michael C. Ford Changes are on the way for ASTM’s Phase I Environmental Site Assessment (“Phase I”) standard, the almost 30-year-old lynchpin of the transactional due diligence process.  The American Society for Testing and Materials (“ASTM”) – the group … Continue reading

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EPA Announces COVID-19 Interim Field Work Guidance

By Patrick Paul, Chris Colyer and Michael Ford On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for … Continue reading

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Plaintiffs Seeking to Expand Scope of PFAS Actions

by Mitchell J. Klein Because proving who is responsible for introducing PFAS contamination into water supplies can be difficult and expensive, and pursuing government entities such as military bases, firefighting training facilities and airports is particularly problematic, the manufacturers of PFAS-containing … Continue reading

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EPA Seeks Comment on Further PFAS Regulation

by Patrick J. Paul and Chris Colyer As previously reported in this blog, on December 4, 2019 EPA published an advance notice of proposed rulemaking (ANPR) seeking information on whether to include certain per- and polyfluoroalkyl substances (PFAS) on the … Continue reading

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