Winston’s Environmental Law Update
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August 31, 2022
|6 min read
What Does EPA Designating PFOA and PFOS as “Hazardous Substances” Mean for Your Business?
On August 26, 2022, the Environmental Protection Agency (EPA) announced its proposal to designate two of the most widely known per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS[i]—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as the Superfund law). Listing PFOA and PFOS (along with their salts and structural isomers) as hazardous substances under CERCLA is one of the most significant actions identified in EPA’s October 2021 PFAS Strategic Roadmap.[ii]
June 9, 2022
|3 min read
The Phase I Standard Used for CERCLA Defenses Will Stay the Same – For Now
On May 2, 2022, the U.S. Environmental Protection Agency withdrew its direct final rule that would have amended 40 C.F.R. Part 312 to recognize ASTM’s updated E1527-21 standard as satisfactory to fulfill the “all appropriate inquiries” requirement of certain defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.
About This Blog
Winston’s Environmental Law Update focuses on environmental legal, regulatory, and policy issues facing manufacturers, energy, retailers, real estate, and financial institutions. As the political, corporate, and regulatory responses to recent environmental initiatives evolve, it is our goal to help our clients understand the risks and opportunities these initiatives present and develop strategic responses that cut across multiple legal disciplines. The blog provides an avenue to bridge the gap between law and policy, compliance, and execution.
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