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Breaking Down EPA's Latest Proposed Rules: Expanded Hazardous Waste Definitions and PFAS Listings
On February 8, 2024, the United States Environmental Protection Agency (EPA) published two proposed rules under the Resource Conservation and Recovery Act (RCRA) that will expand the regulatory definition of “hazardous waste” and add nine per- and po...
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Proposed Prop 65 Pose Increased Litigation Risks
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed changes to the short form warnings currently permitted by Proposition 65. These changes have the potential to greatly raise the cost of doing business in California....
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Wetlands Definition Watered Down: EPA Responds to U.S. Supreme Court Ruling
For decades, developers and environmental groups have disagreed about the scope of the Clean Water Act. The definition under scrutiny—the “Waters of the United States,” also known as WOTUS—establishes the geographic scope of federal jurisdiction unde...
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EPA Issues Drinking Water Standard for Six PFAS
On March 14, 2023, the United States Environmental Protection Agency (EPA) issued its proposed PFAS National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act (SDWA) for six PFAS under the Proposed Rule: perfluorooctanoic ac...
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Prospective Purchaser Agreements: The Importance of PPAs When Purchasing Contaminated Oregon Properties
Purchasers of contaminated property are often familiar with obtaining a Phase 1 Environmental Site Assessment (ESA) in the hopes of maintaining the CERCLA bona fide prospective purchaser defense, but sometimes they overlook the fact that Oregon offer...
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EPA Approves the Use of ASTM E1527-21 for the All Appropriate Inquiries Requirement
On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM E1527-21 “Standard Practice f...
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