The process to revise regulations in Pennsylvania is often long and involved, and the Pennsylvania Department of Environmental Protection’s (PADEP) revision to its Act 2 Chapter 250 regulations to incorporate
Continue Reading New Pennsylvania PFOS and PFOA Cleanup Standards Reach Final Major Regulatory Hurdle
Robert J. Schena
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PADEP Approves NPDES Permit with PFOA and PFOS Discharge Limits
By Robert J. Schena on
On March 24, 2021, the Pennsylvania Department of Environmental Protection (PADEP) announced that it issued an National Pollutant Discharge Elimination System (NPDES) permit to the Biddle Air National Guard…
Continue Reading PADEP Approves NPDES Permit with PFOA and PFOS Discharge Limits
Impact of “Hazardous Substance” CERCLA Designation on State Superfund Laws
By Adam H. Cutler & Robert J. Schena on
We’ve discussed in our previous posts the process that EPA will likely use to designate PFOA and PFOS as “hazardous substances,” how that designation will impact responsible parties, and…
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Potential Impact PFOA and PFOS Designation as “Hazardous Substance” on Ongoing EPA-lead Investigations and Remediations
By Adam H. Cutler & Robert J. Schena on
In two of our previous posts, we discussed the United States Environmental Protection Agency’s (EPA) “Hazardous Substance” Designation Process and the Implications of a Designation on Responsible Parties. Here,…
Continue Reading Potential Impact PFOA and PFOS Designation as “Hazardous Substance” on Ongoing EPA-lead Investigations and Remediations
Implications of EPA Designation of PFOA and PFOS as “Hazardous Substances”
By Adam H. Cutler & Robert J. Schena on
The Biden Administration has pledged to designate certain PFAS as hazardous substances under federal law. What effect would the United States Environmental Protection Agency’s (EPA) designation of PFOA and PFOS…
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EPA’s PFOA and PFOS “Hazardous Substance” Designation Process
By Robert J. Schena on
For the past several years, much attention has been focused on the United States Environmental Protection Agency’s (EPA) legal authority to respond to PFAS contamination. When EPA published its PFAS …
Continue Reading EPA’s PFOA and PFOS “Hazardous Substance” Designation Process
Duty to Defend: Under North Carolina Law, Insurer Must Defend Personal Injury Claims Arising from Direct Exposure to AFFF Despite “Hazardous Materials Exclusion” in CGL Policy
By Robert J. Schena on
The U.S. District Court in the Western District of North Carolina recently held in Colony Insurance Co. v. Buckeye Fire Equipment Co. that an insurance company must defend personal injury…
Continue Reading Duty to Defend: Under North Carolina Law, Insurer Must Defend Personal Injury Claims Arising from Direct Exposure to AFFF Despite “Hazardous Materials Exclusion” in CGL Policy
Update on New Hampshire PFAS Standards
By Robert J. Schena on
In a previous post, we noted the New Hampshire Superior Court’s issuance of a preliminary injunction enjoining the New Hampshire Department of Environmental Services (NHDES) from implementing final maximum…
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New Eco-Certification Looks To Identify “PFAS-Free” Firefighting Foam Products
By Robert J. Schena on
As we’ve discussed in prior posts, per- and polyfluoroalkyl substances (PFAS) have historically been an important component of aqueous film forming foam (AFFF) products that are used for training and…
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PFAS in Pennsylvania: HSCA “Hazardous Substances” vs. Act 2 “Regulated Substances”
By Robert J. Schena on
Earlier this year, the Pennsylvania Department of Environmental Protection (“PADEP”) published for public comment its proposed update to the Chapter 250 regulations under the “Land Recycling and Environmental Remediation Standards…
Continue Reading PFAS in Pennsylvania: HSCA “Hazardous Substances” vs. Act 2 “Regulated Substances”