This conference is co-sponsored by ALI CLE and the Environmental Law Institute.
Why You Should Attend
The U.S. EPA has been busy this spring releasing a number of significant final rules utilizing the CERCLA and RCRA statutes to curb the impact of PFAS.
Most significantly, in early July, the final rule designating PFOA and PFOS as “hazardous substances” under the CERCLA will go into effect. As the first time the EPA has directly designated any substance as a hazardous substance under its CERCLA 102(a) authority, it is expected to have immediate and significant impacts across industries and provide the EPA with additional data on PFAS through increased reporting and information gathering authorities, address and clean up PFAS contamination, and shift costs for addressing releases to private parties. In addition,
- The EPA simultaneously issued a policy outlining how it would use its CERCLA enforcement discretion and settlement authority to shield those entities as much as possible from CERCLA liability.
- Nine particular PFAS compounds have also been proposed as hazardous constituents under RCRA with the hope of addressing PFAS contamination under the RCRA cleanup program.
- Maximum Contaminant Levels (MCLs) for PFAS were set under the Safe Drinking Water Act, giving public water systems three years to comply with monitoring requirements and then begin reporting the results.
These final rules, in addition to ongoing enforcement actions, clean ups, and related litigation in this space, as well as the Supreme Court's end-of-term decisions in the Loper Bright/Relentless, Corner Post, and Jarkesy cases makes for a lot of change. Join us for an in-depth discussion and practical insights on these significant developments from leading experts in the field.
What You Will Learn
Topics to be addressed include:
- Recent developments in CERCLA, including the Jan. 2024 EPA guidance on lead in soil at CERCLA sites, what it addresses, and what it does not address
- PFAS as a “Hazardous Substance,” including the recent regulatory developments establishing certain PFAS as CERCLA hazardous substances; establishing a drinking water MCL for certain PFAS; and the practical outlook for site clean-ups and liability, including EPA plans and guidance for PFAS review and enforcement under CERCLA
- RCRA regulations identifying certain PFAS as “hazardous constituents,” the five features of RCRA enforcement, and the latest RCRA cases
- Examine the latest RCRA cases, including the five features of RCRA enforcement
- Case studies and lessons learned from sediment site clean-ups, remedies and objectives for complex sediment sites under CERCLA and RCRA frameworks, and the effects of EPA acceptance of interim remedial actions
Don’t miss this opportunity to expand your knowledge and fluency with the latest EPA standards and actions in CERCLA and RCRA regulation and enforcement and their ties to PFAS. Register today!
This program was originally presented on August 1, 2024. Faculty questions will be answered by email within two business days.
Who Should Attend
Environmental lawyers, regulatory compliance professionals, and environmental consultants seeking to stay current with recent legal and regulatory developments and their practical implications.
Schedule, Faculty, CLE & More
Please visit the event page for the latest information.