Hazardous Substances Remediation
EPA Publishes Proposed Rule Banning TCE
On October 31, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule to ban all manufacturing and use of trichloroethylene (TCE) under Section 6(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2605(a)). TCE is a highly toxic and carcinogenic chemical that has historically been used in numerous industrial, commercial and consumer applications,…
EPA Broadens Efforts to Address PFAS Contamination in Water Bodies
The Environmental Protection Agency (EPA)’s efforts to address contamination by per- and poly-fluoroalkyl substances (PFAS) continue to rapidly evolve. Although federal efforts were initially focused on PFAS in drinking water, EPA has recently begun to address PFAS in a wider variety of sources, including wastewater and stormwater. In April of this year, EPA brought its…
DEC Publishes Final Revisions to Solid Waste Management Regulations
Almost five years after publishing the first substantial revisions to its solid waste management regulations, the New York State Department of Environmental Conservation (DEC) published a new set of final revisions to the regulations, which became effective on July 22, 2023. DEC’s solid waste management regulations (the Part 360 Regulations) govern the management of solid…
NYC Mayor’s Office of Environmental Remediation Proposes New Enforcement Rules
In September 2022, the NYC Mayor’s Office of Environmental Remediation (OER) published draft rules proposing to establish OER’s authority to commence enforcement actions against parties who fail to comply with OER-approved Site Management Plans (SMPs). The proposed rules would enable OER to issue summonses returnable before the Office of Administrative Trials and Hearings, and seek…
Developments in Regulation of PFAS
Per- and poly-fluoroalkyl substances (PFAS) continue to emerge, so to speak, as a focus of regulatory attention on many levels: health, environmental remediation, and manufacturing. Below, we discuss some of the more recent developments affecting this ubiquitous class of chemicals. Nicknamed “forever chemicals,” PFAS are a family of chemical compounds with a wide range…
U.S. Supreme Court Clarifies Scope of CERCLA Contribution Claims by Settling Parties
On May 24, 2021, the United States Supreme Court ruled in Territory of Guam v. United States that a party’s claim for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9613(f)(3)(B), and therefore the commencement of the limitations period for such a claim, requires resolution specifically of…
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