by Patrick J. Paul On February 21, 2023, less than three weeks after a Norfolk Southern train derailment in East Palestine, Ohio, less than a mile from the Pennsylvania border, EPA issued a 77 page Unilateral Order to the company requiring it to remediate the chemicals spilled. EPA had previously sent the railroad a letter […]
by Patrick J. Paul According to EPA’s press release, $5 billion is scheduled for investment over five years to help communities that are on the frontlines of PFAS contamination reduce PFAS in drinking water. The initial allotment of $42 million to Arizona can be used to prioritize infrastructure and source water treatment for pollutants, like […]
by Mitchell J. Klein Environmental practitioners are well aware of the astonishing breadth and scope of the impacts resulting from the investigations into the ubiquitous presence of the so-called “forever chemicals”, including the significant efforts being expended at both the State and Federal level on regulating their use and establishing remedial standards. But PRPs, landowners, […]
by Mitchell J. Klein The Senate’s bipartisan infrastructure bill, which passed Aug. 10, contains a provision that would bring back an excise tax that expired in 1995 on a lengthy list of raw chemicals. House Democrats also want it to cover crude oil. In addition to this new tax stream, the House has already approved […]
by Patrick J. Paul On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their Democratic colleagues in supporting the legislation. H.R. 2467 would regulate toxic chemicals found in drinking water, as well as […]
by Patrick J. Paul In what has been described by some as a landmark environmental justice resolution, on July 13, 2021, Delaware-based companies DuPont, Chemours and Corteva agreed to pay Delaware $50 million according to a settlement reached in connection with contamination to the environment caused by per- and polyfluoroalkyl substances (PFAS), often referred to as […]
by Amanda Reeve and Lucas J. Narducci The U.S. Environmental Protection Agency’s (“USEPA”) Office of Enforcement and Compliance Assurance (“OECA”) released July 1, 2021 guidance establishing a process on which it will rely upon to advance its’ Environment Justice (“EJ”) goals. Using authorities granted under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the […]
by Patrick J. Paul On June 21, 2021, in conjunction with the Arizona Department of Environmental Quality (ADEQ), Governor Doug Ducey announced the provision of $2 million in state funding to facilitate the restart of Tucson Water –– a treatment plant shutdown due to severe groundwater contamination. The funding is intended to accelerate ongoing efforts […]
by Michael C. Ford Changes are on the way for ASTM’s Phase I Environmental Site Assessment (“Phase I”) standard, the almost 30-year-old lynchpin of the transactional due diligence process. The American Society for Testing and Materials (“ASTM”) – the group that publishes the Phase I standards under the designation “ASTM E 1527” – regularly reviews […]
By Patrick Paul, Chris Colyer and Michael Ford On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for response actions related to cleanup and emergency response sites where EPA is the lead agency […]
