BUILD Act Makes Two Major Changes to CERCLA

Winston & Strawn LLP
Maura T. Levine-Patton and John Fehrenbach

January 10, 2019

In March 2018, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) was amended by the Brownfield Utilization, Investment, and Local Development Act of 2018 (“BUILD Act”). The Environmental Protection Agency (EPA) solicited comments on the BUILD Act through July 10, 2018 and recently incorporated the Act’s changes in its FY 2019 brownfields grants guidelines. The BUILD Act makes two major changes to CERCLA: it increases funding for brownfield redevelopment grants, and formally extends the bona fide prospective purchaser (BFPP) statutory defense to tenants of contaminated sites, which previously had been a policy of EPA. Applications for grants to address sites contaminated by hazardous substances, pollutants, or contaminants under the new BUILD Act guidelines are due to EPA by January 31, 2019.

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Pennsylvania’s First PFAS Advisory Meeting Summary

Synergy Environmental, Inc.
Brian Loughnane, P.G
[email protected]

January 8, 2019

Much is being discussed in the news throughout Pennsylvania about Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS), which are part of a larger group of chemicals referred to as perfluoroalkyl substances (PFAS).  Concern exists about their release into the environment, their health effects and efforts needed to remediate PFAS. To help Pennsylvania residents learn more about PFAS, and to receive input from representatives of government, industry and advocacy groups, the Wolf Administration held its first public meeting of its multi-agency PFAS Action Team Friday, during November 30, 2018.

PADEP PFAS Action Team – 2018

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‘Waters of the United States’ rule from EPA, Corps may make real estate development more easily achievable and less costly

Thompson Coburn LLP
Spenser Owens and Paul Sonderegger

January 14, 2019

On December 11, 2018, the United States Environmental Protection Agency (EPA) and United States Department of the Army, Corps of Engineers (Corps) released for publication a new proposed “Waters of the United States” rule (WOTUS Rule) pursuant to their respective authorities under the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq., also known as the Clean Water Act (CWA). If finalized in its current form, the new WOTUS Rule may have a profound effect on real estate developers, open new areas for development and construction, and reduce project costs.

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Recent Third Circuit Decisions Help Define Contours of CERCLA Liability

Riker Danzig Scherer Hyland & Perretti LLP
Alexa Richman-La Londe

January 7, 2019

Reprinted with permission. © 2019 Riker Danzig Scherer Hyland & Perretti LLP

The United States Court of Appeals for the Third Circuit recently handed down two noteworthy decisions on environmental liability under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). One involves the appropriate methodology for allocation of cleanup costs between two responsible parties based on equitable factors; the other involves whether a new owner of contaminated property is responsible for governmental response costs incurred prior to its purchase of the relevant property. Both set new precedent that should be of interest to the regulated community.

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