The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or
Continue Reading What Difference Will Listing ‘Forever Chemicals’ as Hazardous Substances Make?
Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability
Continue Reading E2 Law Podcast: Episode 17 | ‘Fairness’ in Superfund Allocation Matters, Part 2A
Known colloquially as the BIF—the bipartisan infrastructure framework—or sometimes as the “bipartisan infrastructure bill,” even though it is no longer a bill, IIJA authorizes over a trillion dollars to an
Continue Reading The Infrastructure Investment and Jobs Act and Remedial Programs
Superfund lawyers often confront vexing problems in allocating responsibility among parties jointly and severally liable under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Litigation cost is prominent among
Continue Reading A Conversation About ‘Fairness’ in Superfund Allocation
When one cleans up contaminated property, often the cleanup calls for a neighbor to allow some action to address contamination migrating onto that neighbor’s property. A case from the Court
Continue Reading Neighbors’ Tort Claims Even After a Cleanup
The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers. These requirements, along with changes occasioned by the COVID-19 pandemic, raise a host of
Continue Reading The Top 5 New Environmental Issues for Commercial Property Owners or Managers
When your neighbor’s property is contaminated, the environmental regulators may want access to your property to investigate whether the contamination has affected your property. You may have business reasons not
Continue Reading Penalties Under CERCLA for Denying EPA Access to Test
CERCLA Section 113(f) authorizes contribution claims among parties jointly and severally liable for the same response actions or costs. Section 113(f)(1) goes on to provide that “in resolving contribution claims,
Continue Reading The Fairest of Them All: Advocating CERCLA Allocation
NOTE: The EPA will be hosting a webinar on this topic on Nov. 2 at 2:00 p.m. EST.
On Oct. 18, 2021, United States Environmental Protection Agency (EPA) Administrator
Continue Reading Potential Impact of EPA’s PFAS Strategic Roadmap on CERCLA Cleanups
Last month, the U.S. Court of Appeals for the Second Circuit decided Revitalizing Auto Communities Environmental Response Trust v. National Grid USA, No. 20-1931-cv (2d Cir. Aug. 18, 2021),
Continue Reading ‘RACER Trust’ and the Concinnity of CERCLA Sections 107 and 113