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 response actions related to cleanup and emergency response sites where EPA is the lead agency […]
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 products appear to be easier targets. Thus, private well owners and public water utilities that […]
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 list of toxic chemicals subject to reporting under Section 313 of the Emergency Planning and […]
By Patrick Paul & Chris Colyer Although EPA announced an “action plan” on per- and polyfluoroalkyl substances (PFAS) back in February, subsequent actions have been limited, that is, until recently. First created in the 1940s, PFAS are most commonly utilized to make products such as nonstick cookware, grease-resistant food packaging, stain repellents, and firefighting foams. […]
by Mitchell J. Klein Reported to be at the direction of the Department of Justice, the EPA is now requiring that anyone willing to enter into an Administrative Order of Consent must first agree to surrender all claims against the United States and any Federal Agency for the work to be performed. While it has […]
by Michael C. Ford A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the D.C. Circuit’s recent decision in Idaho Conservation League v. Wheeler (No. 18-1141). EPA […]
by Michael C. Ford and Mitchell J. Klein If you haven’t heard of per-and polyfluoroalkyl substances (PFAS), you likely will soon. Like DDT, PCBs, asbestos, and MTBE before it, PFAS are a class of chemicals that have been used in a wide variety of commercial and industrial products, only to have potential adverse environmental and […]
by John D. Burnside In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining operations to fund the estimated cost of future Superfund cleanup. EPA’s decision effectively withdraws proposed rules published January 11, 2017, […]
By Maribeth M. Klein Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D. Ariz. Aug. 15, 2017). After entering into an Administrative Order on […]
by Mitchell J. Klein 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. See Pollitt Drive, LLC v. Harvey Engel. While the case does not establish any precedent, […]