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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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Deveau and Guevara Author Second Edition of The Bona Fide Prospective Purchaser Defense
Taft partners Frank Deveau and David Guevara, Ph.D. have authored a second edition of The Bona Fide Prospective Purchaser Defense: A Guide for Lawyers.
The book was published in January 2022 by ABA Book Publishing.
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CERCLA Liability for PFAS Contamination on Track to Begin in 2023
By: Olivia Rangaswami
On Jan. 10, 2022, the Environmental Protection Agency (EPA) submitted a proposal to the White House Office of Management and Budget that will designate PFOA and PFOS as “Superfund hazardous substances.” In designating PFOA and PFOS (collectively “PFAS”) as a “hazardous substance” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the EPA can force parties responsible for PFAS contamination to pay for remediation. If the Office of Management and Budget does not object to the EPA’s proposal within 90 days, the proposal will be subject to public comment and will likely become a final rule in 2023.
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EPA Extends Deadline for the Expiration of Existing Pesticide Applicator Certification Plans to Nov. 4, 2022
By: Chase Dressman and Michael Meyer
The Environmental Protection Agency (EPA) recently extended the March 4, 2022 deadline for the expiration of existing federal, state, territory, and tribal certification plans for Certified Pesticide Applicators (CPAs). The EPA extended that expiration deadline, which had been set under an EPA rule issued in 2017, primarily in response to delays caused by the COVID-19 pandemic. The comment period on the EPA’s interim final rule extending the deadline closed Jan. 19, 2022, and the rule is set to take effect on Feb.18, 2022.
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Minnesota Pollution Control Agency Proposes Several Hundred New Impaired Waters in 2022
By: Emily Mickelson
Every two years, the Minnesota Pollution Control Agency (MPCA) creates an updated list of impaired waters in accordance with the federal Clean Water Act.1 The MPCA proposes the addition of 305 water bodies — including 417 new impairments — for its updated 2022 impaired waters list.2 Of special significance are the Greater Minnesota waters now designated as having perfluorinated alkylated substances contamination.3 The most prevalent impairment continues to be fish impairments, with bacteria, sediment, and nutrients also contributing to the depreciation of Minnesota’s water resources.4
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Presidential Executive Order Limits Federal Government Purchase and Use of PFAS
By: Chase Dressman and Michael Meyer
President Biden issued Executive Order No. 14057 (the “Executive Order”) on Dec. 8, 2021 that incorporates the Federal Sustainability Plan to leverage the federal government’s procurement powers to prioritize the procurement of products without added per- and polyfluoroalkyl substances (PFAS).
The Executive Order and the Federal Sustainability Plan incorporate a “buy clean” initiative, with the stated goal of protecting the environment, the health of government employees, and the public at large. In addition to promoting environmental stewardship, the Executive Order also seeks to incentivize companies to develop recyclable, bio-based, and alternative options to those products that utilize and contain PFAS. This goal would not only reduce exposure to the environment and consumers, but also to those working in facilities that utilize PFAS in production.
>> Read More
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| We encourage you to visit our Environmental Law LinkedIn Showcase page, where additional articles are published. |
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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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