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 this solution may do more harm than good.… Continue Reading
In an instructive environmental law decision last week, the U.S. Supreme Court held that the federal Superfund statute (the Comprehensive Environmental Response, Compensation and Liability Act) does not preclude owners of adjacent contaminated land from pursuing state laws claims for money damages for nuisance, trespass and strict liability, but any cleanup of that land cannot … Continue Reading
The hottest environmental topic for business in 2020, as a result of an amendment to the Superfund law for the first time making clear that tenants can qualify as bona fide prospective purchasers, protected from cleanup costs from the presence of hazardous substances on a property, is prospective tenants are now ordering Phase l Environmental … Continue Reading
Superfund is broken. “[W]e all know it doesn’t work — the Superfund has been a disaster,” said President Clinton. President Bush described the need for a program overhaul. President Obama acknowledged the 37 year old federal program’s flaws while seeking more funding. And now under President Trump there is action to clean up the Superfund … Continue Reading