CERCLA

September 22, 2021

PFAS Linked to Climate Change According to Environmental NGO

In the latest attack on per- and polyfluoroalkyl substances (PFAS), a recent report issued by the environmental group Toxic-Free Future (TFF) seeks to link PFAS utilized in the manufacture of food packaging to the release of greenhouse gases. Continue reading

Climate Change, Greenhouse Gas

CERCLA, chlorodifluoromethane, class-based, global-warming potential, hazardous substances, HCFC-22, Montreal Protocol, ozone depleting, PFAS, R22, TFF, Toxic-Free Future, U.S. EPA
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
February 24, 2021

Biden Administration Takes New Action to Ensure Increased Consideration of Climate Change Impacts by the Federal Government

On Friday, February 19, 2021, the Council on Environmental Quality (“CEQ”) rescinded prior draft guidance issued under the Trump Administration in 2019 (the “2019 Draft CEQ Guidance”), which had restricted the need for federal agencies to consider and quantify climate change impacts under the National Environmental Policy Act (NEPA). Continue reading

Climate Change, NEPA, Sustainability

Air, CEQ, CERCLA, Climate Change, Corporate Environmental Lawyer, Critical Environmental, GHG, Hazmat, Health & Safety Developments, Matthew G. Lawson, NEPA, OSHA, RCRA, Sustainability, TSCA, Water
February 24, 2021

U.S. EPA Embraces Prior Administration’s PFAS Drinking Water Proposals

On February 22, 2021, U.S. EPA announced that it was moving forward with implementation of several regulatory proposals issued in the waning days of the Trump Administration. First, U.S. EPA announced that it was finalizing its regulatory determination under the Safe Drinking Water Act (SDWA) for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). Continue reading

Emerging Contaminants, Water

Air, CERCLA, Climate Change, Corporate Environmental Lawyer, Critical Environmental, GHG, Hazmat, Health & Safety Developments, OSHA, PFOA, PFOS, RCRA, SDWA, Steven M. Siros, Sustainability, TSCA, UCMR5, Water
October 11, 2020

Lawsuit Filed Challenging DOJ’s Policy on Supplemental Environmental Projects

On October 8, 2020, the Conservation Law Foundation filed a lawsuit challenging a DOJ policy that barred the use of supplemental environmental projects (SEPs) in federal enforcement settlements with private parties. Continue reading

Climate Change, Consumer Law and Environment, Sustainability

Air, CERCLA, Climate Change, Conservation Law Foundation, Corporate Environmental Lawyer, Critical Environmental, DOJ, GHG, Hazmat, Health & Safety Developments, OSHA, RCRA, SEPs, Steven M. Siros, Sustainability, TSCA, Water
October 2, 2020

Supreme Court Grants Review on Key Climate Change Case

On Friday, October 2, 2020, the United States Supreme Court granted a writ of certiorari to review of a decision by the Fourth Circuit Court of Appeals holding that climate change litigation brought against various fossil fuel were not subject to federal court subject matter jurisdiction. Continue reading

Air, Climate Change, Sustainability

Air, CERCLA, Climate Change, Corporate Environmental Lawyer, Critical Environmental, Fossil fuel, GHG, Hazmat, Health & Safety Developments, Matthew G. Lawson, OSHA, RCRA, Sustainability, TSCA, Water
October 2, 2020

California Becomes First State to Ban PFAS in Cosmetics

On August 30, 2020, the California legislature passed the Toxic Free Cosmetics Act making California the first state to ban certain chemicals from cosmetics. Governor Newson signed the bill into law on October 1, 2020. Continue reading

Consumer Law and Environment, Contamination, Emerging Contaminants, Toxic Tort

Air, CERCLA, Climate Change, Corporate Environmental Lawyer, Cosmetics, Critical Environmental, GHG, Hazmat, Health & Safety Developments, OSHA, RCRA, Steven M. Siros, Sustainability, Toxic Free Cosmetics Act, TSCA, Water
August 19, 2020

Environmental Groups Allege EPA Failed to Engage in Endangered Species Act Consultation Before Implementing COVID-19 Enforcement Discretion Policy

On August 18, 2020, the Center for Biological Diversity, Waterkeeper Alliance, Inc., and Riverkeeper, Inc. (“Conservation Groups”) filed a new lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Environmental Protection Agency and Administrator Wheeler (“EPA”) for failing to comply with their mandatory duties under the Endangered Species… Continue reading

COVID-19, Water

Air, CERCLA, Climate Change, Corporate Environmental Lawyer, COVID, Critical Environmental, GHG, Hazmat, Health & Safety Developments, Leah M. Song, OSHA, RCRA, Steven M. Siros, Sustainability, TSCA, Water