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An RFI? Surely You Can’t Be Serious.

We are serious.  And don’t call us Shirley. So EPA sent your company a dreaded Request for Information (“RFI”).  What do you do now?  If you’ve never been through this process before, you likely have a...

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The CERCLA Redevelopment Focus: Will There Be an Impact on Remedy Selection...

The United States Environmental Protection Agency (EPA) concluded a series of eight Superfund Listening Sessions between May 21 and June 18 to explain a number of initiatives to reform the Superfund...

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EPA’s Superfund “Emphasis List” : Some New Questions

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly referred to as the Superfund law, directed the United States Environmental Protection Agency (EPA) to create...

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Supreme Court Considers Landowner Rights in Superfund Case

Last month, the Supreme Court held oral argument in a case that addressed cleanup obligations for potentially responsible parties (PRPs) at Superfund sites. In Atlantic Richfield Company v. Christian,...

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Supreme Court Green Lights State Law Claims for Broader Cleanup at Superfund...

The U.S. Supreme Court ruled today in Atlantic Richfield Company v. Christian that private landowners at a Superfund site near Butte, Montana, can pursue state law claims in state court seeking...

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EPA Declines to Impose CERCLA Financial Assurance Requirements on Three...

On November 24, 2020, the U.S. Environmental Protection Agency (EPA) issued a Prepublication Notice finalizing its proposed decisions to not impose Comprehensive Environmental Response, Compensation,...

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Supreme Court grants Certiorari in Guam CERCLA Case

Earlier this month, the Supreme Court granted a petition for certiorari in Guam v. United States (No. 20-382), a case involving liability under the Comprehensive Environmental Response, Compensation,...

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What could the US EPA’s proposed Superfund listing for PFOA and PFOS mean for...

On 6 September, the US EPA released its proposed rule to add perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) to the list of hazardous substances under the Comprehensive...

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