The regulation of PFAS substances has become a matter of contention between U.S. EPA, states and local governments, environmental groups, and industry participants. EPA is under pressure by health experts, environmental groups, and affected communities to set a Maximum Containment Level (“MCL”) for PFAS, but has yet to do so. States, however, are beginning to

No Further Remediation Letters have become an established part of the regulatory landscape. These letters serve many purposes, including reducing uncertainty over future clean-up obligations and signifying that the property is “clean enough” for development. But the process can take time, which in some instances delays transactions and increases cost.

To address these delays, the

The U.S. Environmental Protection Agency (“EPA”) released a much-anticipated draft document to address groundwater contaminated with PFOA and/or PFOS.

According to EPA, the guidance is based on EPA’s current understanding of PFAS toxicity and is intended to provide clear and consistent guidance for cleanup programs. Specifically, the guidance provides interim recommendations for addressing groundwater contaminated

On April 15, 2019, U.S. Environmental Protection Agency (“EPA”) issued a new interpretation of the Clean Water Act (“CWA”), stating that the CWA does not require permits for groundwater pollution. The CWA regulates pollution to surface water and requires permits for point-source discharges. However, the question as to whether a discharge of pollutants into groundwater

On Thursday, the Trump Administration announced that it will issue a draft regulation by the end of the year placing a limit on two chemicals frequently found in drinking water. The steps to eventually regulate two types of per- and polyfluoroalkyl substances (“PFAS”) known as PFOA and PFOS were announced by U.S. EPA head Andrew

The longest federal government shutdown in U.S. history continues to affect around 800,000 federal workers and major agencies, including the United States Environmental Protection Agency (“EPA”). Despite the shutdown, however, many EPA employees are being called into work without pay.

On January 14, 2019, EPA updated its contingency plan for shut down to increase the