Per- and polyfluoroalkyl substances (“PFAS”) are a group of man-made chemicals that contain nearly 5,000 different compounds. PFAS are ubiquitous and can be found in a variety of everyday products, including stain- and water-resistant fabrics and carpeting, cleaning products, cookware, paints, and fire-fighting foams. While PFAS compounds remain largely unregulated at the federal level, the United States Environmental Protection Agency (“EPA”) has taken some steps to develop guidelines with respect to two PFAS compounds. In…

On December 18, 2020, the U.S. Environmental Protection Agency (EPA) released its Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS).  The Interim Guidance is not a rule or statement of policy, but presents currently available information on PFAS destruction and disposal, as well as highlights the significant uncertainties and critical need for research and development on these topics.  EPA also does not…

The Trump administration’s EPA has again finalized changes to the CCR Rule. The most recent rule change—”Part B”—provides an exception to the Rule’s mandate that all unlined impoundments close on or before April 11, 2021. If the rule stands—a big if, for several reasons explained below—certain unlined impoundments may be permitted to continue to operate indefinitely, even despite certain groundwater contamination exceedances. Part B requires a demonstration that the impoundment’s natural lining (or other…

The U.S. Environmental Protection Agency (“EPA”) recently announced that it will be extending its COVID-19 Implications for Signing Paper Hazardous Waste Manifests policy (“Temporary COVID-19 Manifest Signature Policy” or “Policy”) until November 30, 2020. On May 18, 2020, EPA issued its Temporary COVID-19 Manifest Signature Policy concerning how handlers of hazardous waste can address generator signatures on paper hazardous waste manifests during the COVID-19 pandemic. This Policy provides that if obtaining a generator signature on…

In the wake of the COVID-19 pandemic, the U.S. Environmental Protection Agency (EPA) has suspended requirements for state agencies to perform on-site compliance inspections in favor of off-site monitoring alternatives. In a recent letter, the EPA Office of Enforcement and Compliance Assistance announced that state environmental protection agencies must continue with their required planned inspection commitments of businesses under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Toxic Substances Control Act (TSCA); Safe Drinking…

The United States Environmental Protection Agency (“EPA”) recently announced that it will be terminating its temporary enforcement discretion policy on August 31, 2020 at 11:59 PM Eastern Daylight Saving Time. In general, this means that EPA will not base any exercise of enforcement discretion on this temporary enforcement discretion policy for any noncompliance that occurs after August 31, 2020. EPA issued its temporary enforcement discretion policy on March 26, 2020 stating its intent not to…

In Monday’s split decision, the U.S. Supreme Court held that the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) (i) does not preclude owners of contaminated property from pursuing state law claims for nuisance, trespass and strict liability, but (ii) requires EPA approval of any remedial action conducted on the landowners’ property. For nearly a century, the Anaconda Copper Smelter in Butte, Mon­tana contaminated an area of over 300 square miles with arsenic and lead.…