31 Jul, 2024 Pending Legal Challenge to EPA Designation of PFOA and PFOS as CERCLA Hazardous Substances By Sarah Bell Chris Rendall-Jackson Don Sobelman A legal challenge is pending in the D.C. Circuit Court of Appeals with respect to EPA’s April 19, 2024 final rule designating...
08 May, 2024 “All Appropriate Inquiries” Will Need to Consider PFOA and PFOS for Property Acquisitions Closing on or After July 8, 2024 By Sarah Bell Chris Rendall-Jackson Don Sobelman On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and...
02 May, 2024 Do You Have Trust (or Estate) Issues Due to PFAS Chemicals Being Designated as Hazardous Substances Under CERCLA? By Chris Rendall-Jackson Among the wide-ranging impacts of EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous...
30 Apr, 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...
25 Apr, 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...
19 Apr, 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...
15 Apr, 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...