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Hazardous Waste (4)

EPA Updates CERCLA Regulations to Include ASTM Phase I Standards for Due Diligence

Written by / Published Wednesday, 04 January 2023 15:35
Current and prospective property owners who may wish to be able to invoke certain legal defenses to liability under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) should be aware that the United States Environmental Protection Agency (EPA) has amended its regulations governing such defenses.

PFAS Update: What EPA Designation of PFAS as a Superfund Substance Under CERCLA Means

Written by / Published Friday, 30 September 2022 13:54
The United States Environmental Protection Agency (“EPA”) has proposed to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This is the federal Superfund law. Collectively these chemicals are known as “PFAS.”

U.S. Supreme Court Rules CERCLA Does Not Preclude State Law Claims For Contaminated Sites: Superfund and EPA Are Not The Only Game In Town

Written by / Published Monday, 15 November 2021 10:37
In a recent decision with far-reaching implications for owners of contaminated property, the U.S. Supreme Court ruled that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, often referred to as the federal Superfund law) does not preclude claims under state laws for further cleanup of contaminated sites.

SJC Ruling Favors Owners on Deadline to Sue for Property Damage by Contamination

Written by / Published Wednesday, 14 March 2018 11:50
In the case of Grand Manor Condominium Association v. City of Lowell, the Supreme Judicial Court established with clarity an important rule as to when the statute of limitations begins to run for filing in court a claim for property damage under the Massachusetts Superfund statute, General .Laws, Chapter. 21E, Section 5(a)(iii). The SJC ruled that a claim for such damage due to contamination does not accrue until the plaintiff learns that the damage is not reasonably or feasibly curable.

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