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We are pleased to present you with Taft’s Environmental newsletter, a collection of insights from our team to yours. For more information on our environmental practice, please visit www.taftlaw.com.
Is there a subject you’d like to see in the next newsletter? Contact the editor here. |
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SCOTUS Reinstates Guam’s CERCLA Action
By: Jeff Stemerick
In Guam v. United States, 141 S. Ct. 1608 (2021), the U.S. Supreme Court held that a settlement must specifically resolve CERCLA liability to create a right to contribution. The case centered on the Ordot Dump on the island of Guam. The Navy constructed the dump in the 1940s and later turned it over to Guam for use as a landfill. Discharges from the dump triggered an EPA enforcement action under the Clean Water Act which was resolved by a consent decree in 2004.
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EPA Proposes New Rule To Require Reporting Under TSCA for PFAS Manufactured or Imported in the US
By: Chase Dressman and Ina Avalon
The U.S. Environmental Protection Agency (EPA) recently announced its proposal of new reporting requirements under the Toxic Substances Control Act (TSCA) for a wide range of per- and polyfluoroalkyl substances (PFAS). In accordance with obligations added by the 2020 National Defense Authorization Act, EPA is issuing a proposed rule that would require all manufacturers — including importers — of PFAS in any year since Jan. 1, 2011 to electronically report certain PFAS information to EPA. Information related to specific chemical identity, categories of use, production volume, byproducts, environmental and health effects, number of persons exposed and duration of exposure, and disposal would all be reportable under the proposed rule. EPA states that the proposed rule is intended to help it better understand the sources and quantities of PFAS manufactured in the U.S. and to support the agency’s PFAS research, monitoring, and regulatory efforts.
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Superfund Plaintiffs Permitted To Pursue Claims Under Both 113(f) and 107a of CERCLA Simultaneously
By: John Huldin
Responsible parties have long sought clarity on how to draw the line between whether a CERCLA Section 107(a) cost recovery action, a CERCLA Section 113(f) contribution action, or both are available when a consent decree, settlement, or agreed order deals with some, but not all, of the liabilities associated with a contaminated property. On June 10, 2021, the U.S. District Court for the Northern District of Indiana in Lusher Remediation Group v. Sturgis Iron & Metal Co., 3:18-cv-00506-JD-MGG, provided that clarity.
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Taft’s Environmental Law Newsletter is used to inform our clients and friends of significant new developments and current issues in environmental law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.
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