CERCLA

March 15, 2022

EPA Proposes Hazardous Substance Facility Response Plan Regulations; Includes Climate Change and Environmental Justice Considerations

On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans for worst case discharges of hazardous substances. Continue reading

CERCLA, Climate Change, Water

Clean Water Act, Climate Change, CWA, Environmental Justice, Environmental Protection Agency, EPA, Facility Response Plan, hazardous substance, NRDC
January 12, 2022

PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances

On January 10, 2022, U.S. EPA forwarded a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Although not unexpected since this was a key element of U.S. EPA’s PFAS Strategic Roadmap, U.S. EPA’s proposed rule is unique… Continue reading

CERCLA, Contamination, Emerging Contaminants, Hazmat, Water

CERCLA, Corporate Environmental Lawyer, EPA, hazardous substance, Jenner & Block, PFAS, PFOA, PFOS, Steven M. Siros, Superfund
October 18, 2021

U.S. EPA Releases its PFAS Strategic Roadmap

On Monday, October 18, 2021, U.S. EPA released its PFAS Strategic Roadmap (Roadmap) outlining the agency’s three-year strategy for addressing per- and polyfluoroalkyl substances (PFAS). The Roadmap notes that U.S. EPA cannot solve the problem of “forever chemicals” by tackling only one route of exposure or one use at a time. Continue reading

CERCLA, Climate Change, Emerging Contaminants, Sustainability, Water

CEQ, CERCLA, Contamination, Corporate Environmental Lawyer, Emerging Contaminants, Jenner & Block, PFAS, PFOA, PFOS, Steven M. Siros, Water
May 25, 2021

Supreme Court Narrows Triggers for CERCLA Contribution Actions

In a unanimous decision authored by Justice Thomas, the Supreme Court of the United States ruled in the case of Guam v. United States, No. 20-382, 593 U.S. __ (2021), that a party must resolve “CERCLA-specific liability” in order to trigger contribution rights under § 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act… Continue reading

CERCLA, Contamination, Groundwater, Hazmat, Real Estate and Environment

Allison Torrence, CERCLA, contribution, Guam, Justice Thomas, SCOTUS, Supreme Court
April 23, 2021

Earth Day 2021: CERCLA and RCRA in The Biden Administration: Elevating Climate Change and Environmental Justice in Addressing Hazardous Wastes

We close out the Corporate Environmental Lawyer Blog’s weeklong celebration of Earth Day with the two federal programs aimed at cleaning up existing toxic waste sites and preventing the creation of new ones, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) and the Resource Conservation and Recovery Act (“RCRA”). Continue reading

CERCLA, Climate Change, Emerging Contaminants, RCRA, Sustainability

2019 GAO Report, American Jobs Plan Fact Sheet, American Rescue Plan Act of 2021, ARAR, Biden Administration, Brownfields, CERCLA, chemical manufacturer, chemicals, clean water, Climate Change, Contamination, criminal prosecution, dioxane, Earth Day, Earth Week, electric power generation, Electric Utilities, Emerging Contaminants, Environmental Law, environmental review requirement, EPA, federal appropriations, federal clean air, financial responsibility exemption, hazardous substance, NPL, petroleum and coal, PFAS, RCRA White House, regulatory role, regulatory rollback, remedial role, SDWA, Superfund Strategic Plan, Superfund Task Force, sustainability, Trump Administration
April 21, 2021

Earth Day 2021: Heightened Chemical Regulation under the Biden Administration

A key platform of President Biden’s environmental agenda is a heightened focus on regulating chemical substances under the Toxic Substances Control Act (TSCA). Regulating chemicals in order to minimize the threat to human and the environment is clearly also critical to achieving the aims and goals of Earth Day especially considering that the publication of… Continue reading

Air, CERCLA, Climate Change, Consumer Law and Environment, Emerging Contaminants, Sustainability, TSCA

1, 4-dioxane, asbestos, CERCLA, Corporate Environmental Lawyer, Earth Day, EPA, MCL, methylene chloride, Michal Freedhoff, Perfluoroalkyl, PFAS, Polyfluoroalkyl, Safe Drinking Water Act, Silent Spring, Steven M. Siros, trichloroethylene, TSCA
January 20, 2021

U.S. EPA Issues Final Guidance on PFAS SNUR

On January 19, 2021, four days after the close of the comment period, U.S. EPA issued its final guidance document to aid in implementation of its Significant New Use Rule (SNUR) for long-chain perfluoroalkyl carboxylate and perfluoroalkyl sulfonate chemical substances (PFAS). Not surprisingly, the final guidance document remained largely unchanged from the draft version. Continue reading

Air, CERCLA, Climate Change, Emerging Contaminants, Sustainability, Water

Corporate Environmental Lawyer, PFAS, Significant New Use Rule, SNUN, SNUR
April 21, 2020

Supreme Court issues Landmark CERCLA Ruling Finding that State Law Challenges to USEPA Cleanup Can Be Raised in State Court (But Plaintiffs Still Lose)

On Monday, April 20, 2020, the United States Supreme Court issued a key opinion regarding the preclusive effect of the Comprehensive Environmental Response, Compensation and Recovery Act (CERCLA), 42 U.S.C. Section 9601, on state common law remedies within Superfund Sites. In Atlantic Richfield v. Christian, Case No. 17-1498, the Supreme Court affirmed in part and… Continue reading

CERCLA, Toxic Tort, Water

Air, CERCLA, Climate Change, Corporate Environmental Lawyer, Critical Environmental, GHG, Hazmat, Health & Safety Developments, Matthew G. Lawson, OSHA, RCRA, Steven M. Siros, Sustainability, TSCA, Water
March 23, 2020

Does Environmental Investigation and Remediation Continue Despite COVID-19 Business Restrictions and Social Distancing?

As the United States rapidly transitions to working from home (when possible) companies involved in environmental investigations or remediation work must determine whether such field or other work could, should, or must continue in the days, weeks, and months ahead. Continue reading

Air, CERCLA, Climate Change, Consumer Law and Environment, COVID-19, Hazmat, OSHA, Sustainability

Air, Alexander J. Bandza, CERCLA, Climate Change, coronavirus, Corporate Environmental Lawyer, COVID-19, Critical Environmental, Gabrielle Sigel, GHG, Hazmat, Health & Safety Developments, OSHA, RCRA, Steven M. Siros, Sustainability, TSCA, Water
February 11, 2020

White House Promises to Use “All Available Tools” to Implement Deep Cuts to EPA Funding in Fiscal Year 2021

On Monday, February 10, 2020, the Trump Administration released its proposed budget for Fiscal Year 2021. The proposal calls for sweeping cuts to a number of federal agencies and departments, including deep cuts to the United States Environmental Protection Agency (“USEPA”). If enacted, the proposed budget would grant $6.7 billion in funding to USEPA, a… Continue reading

Air, CERCLA, Climate Change, Consumer Law and Environment, OSHA, RCRA, Sustainability, TSCA, Water

Air, CERCLA, Climate Change, Corporate Environmental Lawyer, Critical Environmental, GHG, Hazmat, Health & Safety Developments, Matthew G. Lawson, OSHA, RCRA, Sustainability, TSCA, USEPA, Water