Skip to main content

Changes Coming Soon to a Due Diligence Project Near You!

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 […]

| 3 min read | Tagged: , ,

EPA Announces COVID-19 Interim Field Work Guidance

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 […]

| 3 min read | Tagged: , , , ,

Plaintiffs Seeking to Expand Scope of PFAS Actions

by Mitchell J. Klein Because proving who is responsible for introducing PFAS contamination into water supplies can be difficult and expensive, and pursuing government entities such as military bases, firefighting training facilities and airports is particularly problematic, the manufacturers of PFAS-containing products appear to be easier targets. Thus, private well owners and public water utilities that […]

| 1 min read | Tagged: ,
MK

EPA Seeks Comment on Further PFAS Regulation

by Patrick J. Paul and Chris Colyer As previously reported in this blog, on December 4, 2019 EPA published an advance notice of proposed rulemaking (ANPR) seeking information on whether to include certain per- and polyfluoroalkyl substances (PFAS) on the list of toxic chemicals subject to reporting under Section 313 of the Emergency Planning and […]

| 2 min read | Tagged: , , , ,

PFAS: The Forever Chemicals Gaining Regulatory Attention

By Patrick Paul & Chris Colyer Although EPA announced an “action plan” on per- and polyfluoroalkyl substances (PFAS) back in February, subsequent actions have been limited, that is, until recently. First created in the 1940s, PFAS are most commonly utilized to make products such as nonstick cookware, grease-resistant food packaging, stain repellents, and firefighting foams. […]

| 4 min read | Tagged: , , , , , ,

EPA Requiring AOC Signers to Surrender Federal Claims

by Mitchell J. Klein Reported to be at the direction of the Department of Justice, the EPA is now requiring that anyone willing to enter into an Administrative Order of Consent must first agree to surrender all claims against the United States and any Federal Agency for the work to be performed. While it has […]

| 2 min read | Tagged: , , , ,
MK

Environmental Groups’ Push to Impose Additional Financial Assurance Requirements on the Hardrock Mining Industry Rejected by the D.C. Circuit

by Michael C. Ford A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the D.C. Circuit’s recent decision in Idaho Conservation League v. Wheeler (No. 18-1141). EPA […]

EPA Catches Up On PFAS

by Michael C. Ford and Mitchell J. Klein If you haven’t heard of per-and polyfluoroalkyl substances (PFAS), you likely will soon.  Like DDT, PCBs, asbestos, and MTBE before it, PFAS are a class of chemicals that have been used in a wide variety of commercial and industrial products, only to have potential adverse environmental and […]

| 3 min read | Tagged: , ,
MK

EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by John D. Burnside In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining operations to fund the estimated cost of future Superfund cleanup. EPA’s decision effectively withdraws proposed rules published January 11, 2017, […]

| 3 min read | Tagged: , , , , , ,

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

By Maribeth M. Klein Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability.  See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D. Ariz. Aug. 15, 2017).  After entering into an Administrative Order on […]

| 3 min read | Tagged: , ,
LW
Former Proposals Specialist