Indicating its intention to move forward aggressively to address growing legacy chemical concerns, the U.S. Environmental Protection Agency in February took two steps towards regulating certain per- and polyfluoroalkyl substances
Continue Reading Biden EPA Moving Forward with National Drinking Water Regulations for PFOA and PFOS
This is an update to a 2019 post.
Section 1113 of the Pennsylvania Hazardous Sites Cleanup Act (“HSCA”), 35 Pa. Stat. Ann. § 6020.1113, authorizes settlements of responsible parties’
Continue Reading Pennsylvania Prospective Purchaser Agreements: Emphasis on ‘Prospective’
Last month, I wrote about the “Environmental Justice for All Act,” a bill that proposes a finding that vulnerable populations are disproportionately burdened by environmental hazards. New Jersey is
Continue Reading New Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property Values
On June 18, 2020, the Seventh Circuit handed down a decision in a case involving historical environmental contamination that eases the path to federal court for defendants who are haled into state court for acts that occurred while defendants were assisting the federal government. In Sherrie Baker et al. v. Atlantic Richfield Company, E. I. du Pont de Nemours and Company, et al., No. 19-3160, 2020 WL 3287024, — F.3d — (7th Cir. 2020), the court adopted a new standard for federal officer removal, holding that defendants act under color of federal office and are entitled to a federal forum when sued for conduct relating to acts for the federal government, even if the conduct at issue in a particular case only partially implicates the federally directed acts. This decision has consequences that reach beyond defendants facing environmental liability, as did the defendants in Baker, as it could provide an additional avenue to a federal forum for companies that have either been awarded federal contracts, or that supply customers who hold federal contracts.
Continue Reading 7th Circuit Lowers Removal Hurdle for Defendants That Assisted the Feds
The negative economic effects resulting from efforts to mitigate the spread of Coronavirus Disease 2019 (COVID-19) have put financial pressure on many businesses. In the worst such cases, businesses may
Continue Reading Tenant Insolvencies in the UK and Contaminated Land Liability Risks Due to COVID-19
On Feb. 7, New York Governor Andrew M. Cuomo signed legislation regulating the presence of toxic chemicals in children’s products and apparel. The governor agreed to the legislation – the
Continue Reading New York’s ‘Toxic Toys’ Law: Governor Signs Legislation Regulating Chemicals in Children’s Products, But Changes to the Law Are Already Coming
On Dec. 11, the House of Representatives passed S. 1790, the National Defense Authorization Act (NDAA) conference report. The Senate followed suit on Dec. 17, bringing an end
Continue Reading Congress Takes Initial Steps to Address PFAS in the National Defense Authorization Act Conference Report
The Environmental Protection Agency recently announced a final rule rescinding major amendments to the Clean Air Act §112(r) Risk Management Program (RMP) regulations that were promulgated at the end of
State voluntary cleanup programs have facilitated the cleanup and reuse of contaminated commercial and industrial properties throughout the country. The benefits of cleaning up and reusing contaminated properties are difficult
Continue Reading Guidance for Voluntary Cleanups and Preserving Potential Contribution Rights
In the wake of the drinking water crises in Flint, Michigan and elsewhere, the U.S. Environmental Protection Agency (EPA) proposed a rule on Oct. 10, 2019, that would impose new
Continue Reading After Flint, EPA’s New Lead Rule Proposal May Not Satisfy Critics