New statute allows the government to recover costs and natural resource damages from a broad set of PRPs.
By Gary P. Gengel, Thomas C. Pearce, G. Jack Mathews, and Gina Kwon
On May 9, 2025, New York Governor Kathy Hochul signed into law a broad array of amendments to the state’s Environmental Conservation Law sections pertaining to the Inactive Hazardous Waste Disposal Site program, also known as the state Superfund program (the Amendments). The Amendments address (1)
Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws.
By Aron Potash and Cody M. Kermanian
In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is underway to facilitate the safe return of residents to their homes in Altadena and Pacific Palisades. The federal government is leading the effort in coordination with various state and local agencies, and the government has reported significant progress
EPA adopts final rule, effective February 13, 2023, establishing ASTM E1527-21 as the standard for satisfying AAI requirements and phasing out ASTM E1527-13.
By Aron Potash, Josh Marnitz, Phil Sandick, and Bruce Johnson
On December 15, 2022, the US Environmental Protection Agency (EPA) amended its rule for conducting “All Appropriate Inquiries” (AAI) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to incorporate a new standard for conducting Phase I Environmental Site Assessments (Phase I). Satisfying AAI is a critical step when acquiring or leasing real property. AAI is a prerequisite to certain safe harbors under CERCLA (and state analogues), which otherwise subjects property owners and operators to liability for investigating and remediating contamination regardless of fault.
When EPA’s final rule for conducting AAI (AAI rule) takes effect on February 13, 2023, it will allow for the use of the updated standard for conducting Phase Is recently published by ASTM International (ASTM) (i.e., ASTM E1527-21) when conducting AAI. One year after the final rule goes into effect, the previous Phase I standard, ASTM E1527-13, will no longer be sufficient to satisfy AAI. ASTM E1527-21 incorporates several changes that distinguish it from E1527-13, including expanding requirements for using historical sources, updating guidance on emerging contaminants, and expanding reporting requirements.
A revised standard highlights the need for parties to consider non-scope considerations when conducting environmental assessments for transactions.
By Kegan A. Brown, David S. Langer, Thomas C. Pearce, and G. Jack Mathews
The American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action recently released an updated standard for conducting Phase I Environmental Site Assessments (ESAs). The newly revised standard, known as the ASTM E1527-21 standard, includes specific directions for how emerging contaminants, including per- and polyfluoroalkyl substances (PFAS), may be addressed in ESAs. Parties conducting due diligence or involved in transactions for which an ESA will likely be used to assess more than just the “all appropriate inquiry” component of a CERCLA defense should be aware of what the new standard requires for PFAS, especially as regulatory standards evolve or are adopted on a state and federal level. Parties should be aware that the new standard does not create any requirements that Phase I ESAs address any PFAS until EPA acts to list the specific PFAS at issue as a CERCLA hazardous substance, so there is a risk that a Phase I ESA will not cover a significant potential area of environmental concern.
The Initiative aims to promote sustainability in both the batteries value chain and the growing electric vehicle market.
By Paul A. Davies and Federica Rizzo
On 28 May 2020, the European Commission (EC) published its Inception Impact Assessment (IIA) to modernize the EU’s batteries legislation, in particular Directive 2006/66/EC of 6 September 2006 on batteries and accumulators, and waste batteries and accumulators (the so-called “Batteries Directive”).
The Initiative is in line with the European Green Deal, which promotes the decarbonisation of the EU economy to achieve climate neutrality by 2050. The legislative proposal is also based on the Strategic Action Plan on Batteries adopted by the EC[i] in 2018, which promotes the growth of safe and sustainable battery production, and a better functioning of the internal market as concerns batteries, products incorporating batteries, and recycled materials.
The EU Commission aims to enshrine into law the 2050 climate-neutrality target and has taken further steps to establish a unified EU “green” classification system.
By Paul A. Davies, Michael D. Green, and Federica Rizzo
The European Green Deal, presented on 11 December 2019, provides a roadmap with actions aimed at boosting the efficient use of resources and the circular economy, decarbonising the energy sector, and investing in environmentally friendly technologies.
On 4 March 2020, the EU Commission (the Commission) published its Proposal for a Regulation of the European Parliament and of the Council establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (the proposed European Climate Law). This year, the Commission will also present measures to increase the EU’s greenhouse gas emission reduction target for 2030, which will require additional investments of €260 billion a year by 2030, and to promote a climate-neutral EU by 2050.
The Action Plan is part of the European Green Deal promoting actions to boost the efficient use of resources by moving to a cleaner and more competitive Europe.
By Paul A. Davies, Michael D. Green and Federica Rizzo
On 11 March 2020, the European Commission published its Communication to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions laying down the details of a new “Circular Economy Action Plan For a Cleaner and more Competitive Europe”.
The first Circular Economy Action Plan, which entered into force in 2018, led to the adoption and implementation of measures regulating the entire lifecycle of products, from production and consumption to waste management and the creation of a market for secondary raw materials.
The proposed federal permitting regime includes some surprising provisions, including no permit expiration and no proposed application deadline for most units.
By Claudia M. O’Brien and Stacey L. VanBelleghem
On December 19, 2019, the US Environmental Protection Agency (EPA) released a proposed rule to establish a federal permitting program under the Resource Conservation and Recovery Act (RCRA) for the disposal of coal combustion residuals (CCR), also known as coal ash, in surface impoundments and landfills. EPA’s 2015 CCR rule established self-implementing requirements for the management of CCR. In 2016, Congress passed the Water Infrastructure Improvements for the Nation (WIIN) Act, which authorized states to submit for EPA approval state CCR permit programs to implement the federal CCR rule requirements. The WIIN Act also required EPA to implement a federal CCR permit program in Indian country and in states that do not have an approved permitting program.
The proposed rule, titled Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; Federal CCR Permit Program (Proposed CCR Permitting Rule), would establish this federal permitting backstop.
ECJ Decision Examines Definition of ‘Waste’ for Transboundary Consignments
Request for preliminary ruling from the Hague Court of Appeal confirms that the concepts of “waste” and “discard” must be interpreted broadly.
By Paul A. Davies and Michael D. Green
The European Court of Justice (ECJ) recently handed down its judgment in response to a request for a preliminary ruling in criminal proceedings against Tronex BV (Case C-624/17), a Dutch wholesaler of residual consignments of electronic goods. The case concerns the transboundary shipment of electronic and electrical appliances to a third party in Tanzania.
This blog will examine the legislative framework and facts underpinning the case, and the ECJ’s discussion and decision.