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Topic

Superfund

122 published works

  1. Duane Morris Energy and Environmental Blog

    New York Amends Newly Instituted Climate Change Superfund Act

    By Duane Morris

    By Alicyn Craig, Louis C. Formisano and Matthew L. Capone On Friday, February 28, 2025, New York Governor Kathy Hochul signed into law Senate Bill 824 amending New York’s Climate…

  2. Green Building Law Update

    States Challenge Validity of New York’s Climate Change Superfund Act

    By Stuart Kaplow

    The recent enactment of the Climate Change Superfund Act in New York has set the stage for a significant legal battle over the scope of state authority to impose financial…

  3. Climate Solutions Legal Digest

    Evolving Regulatory Status of PFAS Substances

    By Kevin Johnson

    The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive Environmental Response…

  4. Environmental Law +

    Court Approves EPA Settlement with 82 Passaic River Potentially Responsible Parties

    By Jim Ray

    The Diamond Alkali Superfund site in Newark, New Jersey, which includes the 17-mile Lower Passaic River Study Area, may be one of the country’s most expensive and hotly contested Superfund…

  5. The Right Coast

    Should the Tijuana River Valley be the next Superfund site in Southern California? San Diego Union-Tribune

    By Thomas A. Smith

    Christopher Harris still remembers the melted rubber soles of a Border Patrol officer s work boots from a few years ago. They were brand new, Harris, a retired Border Patrol…

  6. E2 Law Blog

    What Does It Take to ‘Incur’ a Cleanup Cost Under CERCLA?

    By David Mandelbaum

    The federal Superfund statute allows a private person to recover “necessary costs of response incurred” by that person consistently with the governing regulation, the national contingency plan. A recent appellate…

  7. Green Building Law Update

    EPA Takes Action: PFOA and PFOS Now Hazardous Substances Under Superfund Law

    By Stuart Kaplow

    PFAS is no doubt a developing environmental catastrophe but this just announced EPA action listing PFAS as a hazardous substance in the U.S. is yeeting the matter without regard that…

  8. Law & The Environment

    Superfund Is Short of Money. Can It Be Fixed By Tinkering Around the Edges?

    By Seth Jaffe

    This week, Inside EPA (subscription required) ran a story indicating that EPA is trying to figure out how to juggle some increasingly expensive cleanups with shortfalls in Superfund tax revenue. …

  9. E2 Law Blog

    Is One Dollar Enough Under CERCLA?

    By David Mandelbaum

    Many Superfund practitioners have spent years litigating cases in which a private plaintiff seeks to establish that defendants are liable for costs of responding to a Superfund problem and that…

  10. Law & The Environment

    What Will Be the Real Consequences of an EPA Decision to List PFAS as Hazardous Substances Under CERCLA?

    By Seth Jaffe

    Last week, Inside EPA (subscription required) reported that EPA will reopen CERCLA cleanups due to the presence of PFAS on a case-by-case basis.  The article reported on the gnashing of…