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Category: Compliance Counseling

Don’t Get Stuck With the Bill: Understanding CERCLA Liability in Property Transactions

Mon Jun 16th, On Compliance Counseling, Environmental Law, by

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a federal statute that establishes requirements for cleaning up vacant and improved properties that have been contaminated with hazardous substances. Enacted in 1980 in response to concerns about widespread contamination within the chemical and petroleum industries, CERCLA continues to play a central role in environmental liability and cleanup responsibility today. With this in mind, investors seeking to acquire properties that […]

EPA Administrator Zeldin Unveils Sweeping Measures to Address PFAS Contamination

Tue May 27th, On Compliance Counseling, Environmental Law, by

On April 28, 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin unveiled sweeping measures to address per- and polyfluoroalkyl substance (PFAS) contamination in the United States. Commonly referred to as “forever chemicals,” PFAS have faced scrutiny (and been the subject of litigation) for several years, and EPA’s new measures are designed to both “stop these forever chemicals from entering drinking water systems,” and, “establish a clear liability framework that ensures […]

SEC Signals Intention to Encourage Increased ESG Investing, Possible Guidelines

Tue Nov 17th, On Compliance Counseling, by

The current SEC Commissioner, Allison Lee, recently signaled the agency’s desire to encourage financial institutions to consider environmental issues when evaluating their investments. Identifying climate change as a specific and increasing threat to the U.S. economy, the Commissioner called for more regulated disclosures of environmental, social, and corporate governance (“ESG”) risks, particularly with regard to financial institutions known to invest in fossil fuels. Lee identified climate change as a systemic […]

Vapor Intrusion Investigations and Emergency Actions May Continue, As EPA Issues Interim Guidance Regarding Possible Delays In Superfund and RCRA Response Actions and Site Work During COVID-19 Pandemic

Fri Apr 10th, On Compliance Counseling, by

Today, EPA issued its “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” This guidance provides important information for regulated entities, consultants, EPA’s partners, and the public concerning response actions at Superfund and RCRA sites. It is a follow-up to EPA’s previous Memorandum on March 27, “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program,” which did not cover CERCLA and RCRA response actions and enforcement actions, […]

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