Lisa Conforti

All articles by Lisa Conforti

 

Reopener Alert: The Erosion of Peace of Mind

While covenants not to sue purport to provide some security to settling parties, in CERCLA actions, reopener provisions, which the EPA includes in most consent decrees, allow for future liability for unforeseen and unknown conditions that arise following completion of the remedial actions. As a result of these reopener provisions, which became required in all but a few limited circumstances after the 1986 CERCLA amendments, parties that settle CERCLA claims live with the risk that new claims could be asserted to address new cleanup demands arising from previously unknown site conditions or new scientific information about the risks
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PFAS Alert: More Bipartisan Legislation Being Introduced

On March 28, 2019, U.S. Senators. Debbie Stabenow (D-Mich.), and Mike Rounds (R-S.D.), and U.S. Representatives. Dan Kildee (D-Mich.) and Jack Bergman (R-Mich.) introduced bipartisan legislation to sample water for per- and polyfluoroalkyl substances (PFAS). The PFAS Detection Act of 2019 would authorize the United States Geological Survey (USGS) to conduct a nationwide sampling to test surface and groundwater for PFAS pollution, with a special focus on water near sites already known or suspected to be contaminated. The PFAS Detection Act also appropriates $45 million to the USGS to conduct this nationwide sampling for PFAS in the environment. To carry
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Partially Stripped

On March 15, 2019, the EPA proposed as a Final Rule a scaled down version of the total ban on the use of methyl chloride in paint stripper. The EPA proposed the Final Rule in connection with its administration of the Toxic Substances Control Act (TSCA). Under the scaled down version, methyl chloride is banned from all consumer use paint removers but this toxic chemical can still be used for commercial applications provided there is appropriate training. This version of
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A Trade Off For Clean Water

On February 6, 2019, the U.S. Environmental Protection Agency (EPA) issued its updated Water Quality Trading Policy (Updated Policy). The Updated Policy is an effort to respond to a growing environmental crisis — the over-enrichment of freshwater and coastal ecosystems with nutrients (nitrogen and phosphorus). Sources of nutrients include agriculture run-off, sewage treatment plants, and urban and suburban storm water. Reducing certain nutrients in water is one of the nation’s most challenging environmental issues. At its most basic principle, “[w]ater
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