The U.S. Supreme Court on Monday stated that it would review a case filed by property owners in Montana state court seeking restoration damages that were beyond the clean-up activities required by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  In the case, Atlantic Richfield Co. v. Christian, Atlantic Richfield (Arco) is seeking to overturn a decision by the Montana Supreme Court, which they claim is…

The U.S. Environmental Protection Agency (EPA) released a decision last week stating that revisions to the federal regulations for the management of wastes from the exploration, development, and production of crude oil, natural gas, and geothermal energy (i.e. oil and gas wastes from hydraulic fracturing and directional drilling) are not necessary at this time.  EPA was required to assess the current regulations under a Consent Decree entered into with EPA and seven environmental advocacy groups. …

The U.S. Environmental Protection Agency (“EPA”) released a much-anticipated draft document to address groundwater contaminated with PFOA and/or PFOS. According to EPA, the guidance is based on EPA’s current understanding of PFAS toxicity and is intended to provide clear and consistent guidance for cleanup programs. Specifically, the guidance provides interim recommendations for addressing groundwater contaminated with PFOA and/or PFOS at sites being evaluated and addressed under federal cleanup programs, including the Comprehensive Environmental Response, Compensation, and Liability…

On April 15, 2019, U.S. Environmental Protection Agency (“EPA”) issued a new interpretation of the Clean Water Act (“CWA”), stating that the CWA does not require permits for groundwater pollution. The CWA regulates pollution to surface water and requires permits for point-source discharges. However, the question as to whether a discharge of pollutants into groundwater can potentially trigger the CWA’s permitting requirements has been the subject of conflicting federal appellate court decisions. The Ninth Circuit…

According to POLITICO, even Republicans in Congress are concerned that the EPA will not move forward with a rulemaking to regulate PFOS and PFOA.  It appears acting EPA Administrator Andrew Wheeler has already approved a decision, contained in the agency’s forthcoming chemical management plan, not to add the chemicals to the group of contaminants regulated under the Safe Drinking Water Act.  The decision follows controversy over the Trump administration’s suppression of a report …