Apr 30, 2024 A Mixed Bag: EPA’s PFAS Enforcement Policy Under CERCLA May Protect Some From Liability to EPA, But Potentially Not From Liability To Other Parties By Chris Rendall-Jackson Don Sobelman On April 19, 2024, EPA announced both the designation of two types of PFAS—PFOA and PFOS—as hazardous substances under CERCLA, and an...
Apr 25, 2024 Role of Historic Tax Credits in Financing Real Estate Rehabilitation Projects By Brian Donnelly The federal historic rehabilitation tax credit (HTC) program is an indirect federal subsidy to finance the rehabilitation of historic...
Apr 25, 2024 The Long Reach of CERCLA: Ninth Circuit Clarifies that Prohibition on Double Recovery No Bar to CERCLA Liability and Related Future Response Costs By James Colopy Chris Rendall-Jackson On April 15, 2024, in Santa Clarita Valley Water Agency v. Whittaker Corporation, in an appeal following a jury and bench trial, the...
Apr 23, 2024 The European Commission’s Guidance on Essential Uses May Influence PFAS Legislation in the U.S. By Sarah Bell Chris Rendall-Jackson Don Sobelman On April 22, 2024, the European Commission issued “Guiding criteria and principles for the essential use concept in EU legislation...
Apr 19, 2024 EPA Announces New Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA, Issues Enforcement Policy Not to Pursue Certain Entities By Sarah Bell Chris Rendall-Jackson Don Sobelman On April 19, 2024, EPA announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as...
Apr 18, 2024 FTC Enforces Against Non-US Entity, But Is a U.S.-Based Physical Presence a Necessary Predicate? By Nate Garhart The U.S. is rightfully protective of U.S. consumers, and the Federal Trade Commission (FTC) often takes the role of protecting privacy...
Apr 18, 2024 Another Chapter in the Bay Bridge Series? San Francisco Sues Oakland Over Airport Name By Nate Garhart Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some...
Apr 17, 2024 Fifteen California Cities and Water Districts File a Lawsuit on the Heels of EPA’s Announcement of MCLs for PFAS in Drinking Water By Sarah Bell Chris Rendall-Jackson Don Sobelman Two days after EPA announced Maximum Contaminant Levels (MCLs) for six PFAS in drinking water, 15 California cities and water districts...
Apr 15, 2024 A Familiar Name Among the Recent NPL Listings – the Now-Bankrupt Exide Technologies By Chris Rendall-Jackson Don Sobelman Sarah Bell Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest...
Apr 11, 2024 Federal APRA Faces Uphill Battle By Nate Garhart Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong...
Apr 11, 2024 EPA Announces Enforceable Contaminant Levels for Six PFAS in Drinking Water By Chris Rendall-Jackson Sarah Bell Don Sobelman On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable Maximum...
Apr 09, 2024 OEHHA Adopts Public Health Goals for PFOA and PFOS in Drinking Water By Chris Rendall-Jackson Sarah Bell Don Sobelman The California Office of Environmental Health Hazard Assessment (OEHHA) has adopted public health goals (PHGs) for drinking water of...