EPA Building

On April 19, 2024, the US Environmental Protection Agency (EPA) released a pre-publication copy of its much-anticipated final rule adding two per- and polyfluoroalkyl substances (PFAS) to the list of “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). The rule will be effective 60 days after publication in the Federal Register.

EPA’s action is precedent-setting. PFOA and PFOS have been the leading candidates for regulation for some time, and subjecting them to regulation under CERCLA will have sweeping impacts on many industries. Not only will facilities be subject to new reporting obligations for spills and other releases, but designation of PFOA and PFOS will likely lead to a significant rise in expensive and disruptive Superfund litigation, EPA-driven enforcement actions, and compliance costs related to site investigation and cleanup that EPA admitted cannot be known at this time with reasonable certainty. Additionally, EPA’s action represents the first time the agency has exercised its discretion to designate any substance as a hazardous substance under CERCLA section 102(a) since Congress codified this authority over forty years ago.

New York US state flag with statue of lady justice and judicial scales-Shutterstock_2242551935

Last month in New York, the Appellate Division, Fourth Department delivered a victory to landfill operator Waste Management, dismissing a laundry list of tort claims arising out of a real estate developer’s odor complaints. In William Metrose Ltd. Builder/Developer v. Waste Management of New York, LLC, the Fourth Department reinforced an important precedent for…

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. EPA’s rule, for the first time,…

MOSS and glass globes

The UK Competition and Markets Authority (“CMA“) has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of March 2024, ASOS, Boohoo and George at Asda committed to only make green claims about their products…

Greenwashing_-_Main

On 23 April 2024, the UK’s Financial Conduct Authority (“FCA“) published its “Finalised non‑handbook guidance on the Anti‑Greenwashing Rule (FG/24/3)” (the “Guidance“). The FCA has published the Guidance to help in-scope firms understand and comply with the anti-greenwashing rule, which will come into effect on 31 May 2024.

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA). This final rule comes right on the heels of EPA’s April 8 announcement of the final rule…

On April 17, 2024, the EPA released a final rule designating two perfluorinated chemicals—Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  EPA also released enforcement guidance explaining how it intends to apply the new listing with respect to certain types of potentially responsible parties.

EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the remediation costs.

The EPA’s recent decision to put Perfluorooctanoic acid, or PFOA, and perfluorooctanesulfonic acid, or PFOS, on its…

Methane Emissions: DOT and PHMSA Announce Pipeline Repair Funding to Reduce Emissions
On April 3, 2024, the U.S. Department of Transportation (DOT) and the Pipeline and Hazardous Material Safety Administration (PHMSA) announced that $392 million of funding will be dedicated to modernizing pipeline systems and infrastructure with the stated goal of preventing methane pollution emissions.…