Alston & Bird’s Post

EPA's PFAS Enforcement Discretion and Settlement Policy Under CERCLA has been released! 😀 The policy provides direction to all EPA enforcement and compliance staff about how EPA will exercise its enforcement discretion under CERCLA in matters involving PFAS, just as EPA exercises enforcement discretion regarding other hazardous substances. EPA will focus on holding responsible entities who significantly contributed to the release of PFAS contamination into the environment, including parties that manufactured PFAS or used PFAS in the manufacturing process, federal facilities, and other industrial parties. EPA does not intend to pursue entities where equitable factors do not support seeking response actions or costs under CERCLA, including, but not limited to, community water systems and publicly owned treatment works, municipal separate storm sewer systems, publicly owned/operated municipal solid waste landfills, publicly owned airports and local fire departments, and farms where biosolids are applied to the land. On April 17, 2024, Administrator Regan signed a final rule designating two types of PFAS, PFOA and PFOS, as hazardous substances under CERCLA. This historic rule will allow EPA to use the full strength of CERCLA to address PFAS contamination. For more information, See: https://lnkd.in/eDk-twaW #PFAS #CERCLA #Superfund #emergingcontaminants Elisabeth Haub School of Law, Pace Environmental Law Alumni Association New York State Bar Association Environmental and Energy Law Section Elisabeth Haub School of Law at Pace University US Environmental Protection Agency (EPA)

Ken Sansone of SL Environmental Law Group, PC is featured in the latest issue of Smart Water Magazine 💧. See what he has to say about the impact of PFAS on America's water and wastewater front, and his firm's experience helping hold polluters accountable. View the article on page 40: https://lnkd.in/eufkmmvY #PFAS #DrinkingWater #WaterTreatment #Wastewater #WastewaterTreatment

The US Environmental Protection Agency (EPA) recently published a final rule creating a legally enforceable drinking water standard for PFAS under the Safe Drinking Water Act that will affect millions of people and thousands of schools, landlords, manufacturing facilities and other entities across the country. While the rule specifically addresses some PFAS in drinking water, it will have a wide- and far-reaching impact with respect to the regulation of PFAS generally and is expected to continue to spur PFAS-related litigation. Read more in this alert by Shipman & Goodwin LLP attorneys Andrew Davis, Matthew Ranelli, Aaron Levy, Alfredo G. Fernández, Sarah Kettenmann, Tyler Archer, Kristie Beahm, Scarlett Lara-Alcantara. 🔔 https://lnkd.in/eF6FbQqG #Shipman #PFAS #EPA #EnvironmentalLaw #EmergingContaminant #riskmanagment #ForeverChemicals

An alert from our Environmental law team: The US Environmental Protection Agency (EPA) recently published a final rule creating a legally enforceable drinking water standard for PFAS under the Safe Drinking Water Act that will affect millions of people and thousands of schools, landlords, manufacturing facilities and other entities across the country. While the rule specifically addresses some PFAS in drinking water, it will have a wide- and far-reaching impact with respect to the regulation of PFAS generally and is expected to continue to spur PFAS-related litigation. Read more in this alert by Shipman & Goodwin LLP attorneys Andrew Davis, Matthew Ranelli, Aaron Levy, Alfredo G. Fernández, Sarah Kettenmann, Tyler Archer, Kristie Beahm, Scarlett Lara-Alcantara.

My colleagues are closely following state and federal developments in PFAS regulation, a hot topic in environmental law and one that is top of mind for municipalities and manufacturers alike. If you have questions about how PFAS or the new federal regulations affect you or your business, check out our Environmental group's latest alert!

#7 Most Downloaded Episode of 2023 The PFAS Puzzle: Lessons On Regulations: How industrial facilities have been able to discharge PFAS, the role of regulations like the Clean Water Act, and the way N.C. responded to pollution. -with Elizabeth Biser of North Carolina Department of Environmental Quality and Geoff Gisler of Southern Environmental Law Center. #podcast #pfas #watermanagement #watersolutions

Last month, lawmakers from the House of Representatives reintroduced an extensive and bipartisan bill to regulate PFAS under various environmental laws and regulatory actions from the EPA. The PFAS Action Act, seeks to accelerate the designation of PFOA and PFOS as CERCLA hazardous substances, limit industrial discharge of PFAS, require EPA to designate PFOA and PFOS as hazardous air pollutants under the Clean Air Act, and encourage EPA to set a federal drinking water standard for PFOA and PFOS, among other actions. ILTA submitted comments to previous Congressional initiatives related to PFAS in the Senate, recommending incorporating the components of a safe, well-managed transition to PFAS-free alternatives. ILTA will continue working with its partners to ensure that the liquid terminal industry’s concerns are addressed across the PFAS Action Act and future legislative initiatives.

EPA's PFOA/PFOS "Hazardous Substance" designation under attack: Bloomberg Law reports that the U.S. Chamber of Commerce and two other trade groups have filed a petition with the US Court of Appeals for the DC Circuit to challenge the rule. The first briefing has been ordered to be completed by July 29th, so it may be some time before we learn the precise arguments that will be advanced by the petitioners. For now, the designation stands, which means that these two PFAS substances must be considered in every Phase I Environmental Site Assessment. #EPA #PFAS #EnvironmentalLaw #USCourtofAppeals #BloombergLaw

The most recent EPA final rules under CERCLA and RCRA intend to curb the impact of PFAS, and are expected to have immediate and significant impacts across industries. These rules designate PFOA and PFOS as “hazardous substances” under CERCLA; propose nine PFAS compounds as hazardous constituents under RCRA; and set maximum contaminant levels for PFAS under the Safe Drinking Water Act. Check out our upcoming webcast, co-sponsored by the Environmental Law Institute: CERCLA, RCRA, and PFAS Update: Recent Litigation and Regulatory Developments. https://lnkd.in/gdKP_-U4 Join Robert Fox (MANKO | GOLD | KATCHER | FOX LLP), Tom Mariani (Chief, Environmental Enforcement, Environment and Natural Resources Divison, U.S. Department of Justice), Walter Mugdan (Former Deputy Regional Administrator – Region 2, US Environmental Protection Agency (EPA)), and Daniel Riesel (Sive, Paget & Riesel), to learn about the latest EPA standards and actions in CERCLA and RCRA regulation and enforcement and their ties to PFAS. Register today: https://lnkd.in/gdKP_-U4 #cle #alicle #cercla #rcra #pfas #safedrinkingwateract #water

With the EPA's latest regulation regarding PFAS, what steps is your business taking to prepare? Today, the EPA published a Final Rule in the Federal Register, amending Section 302 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to classify two of the most commonly encountered PFAS chemicals, PFOA and PFOS, as hazardous substances. As the Rule is expected to take effect around July 8, 2024, it is imperative for businesses to plan ahead and develop strategies to ensure compliance with EPA regulations. In their latest First Alert, Calfee's Environmental Law group provides insights into the specifics of this Rule and its potential impacts on various industries. Read more: https://lnkd.in/daDhxDJU #environmentallaw #PFAS #environmentalregulations