Author: Gibbons Environmental Group

David J. Freeman to Co-Chair N.Y. State Bar Superfund and Brownfields Update Webinar

David J. Freeman will serve as Program Co-Chair for “Superfund/Brownfield Update 2024: Federal and State Environmental Law and Policy.” The program is sponsored by the Section of Environmental & Energy Law of the New York State Bar Association and will be presented as a webinar on December 5 from 9:00 a.m. to 3:00 p.m. The program will feature presentations by representatives of the U.S. Environmental Protection Agency, New York State Department of Environmental Conservation (NYSDEC), and New York Attorney General’s Office, as well as private bar and expert consultants, regarding recent developments in the federal Superfund and New York State brownfield programs. There will also be a panel discussing the incentives and processes for the siting of renewable energy facilities on brownfield sites in New York State. The keynote speaker will be Patrick Foster, NYSDEC’s Deputy Commissioner for Environmental Remediation and Materials Management, who oversees the Divisions of Environmental Remediation (including all cleanups under New York State laws), Materials Management, and Mineral Resources, as well as NYSDEC’s Office of Sustainability. A full description of the program, and instructions as to how to register, can be found here.

A Landmark Step: EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

The U.S. Environmental Protection Agency’s (EPA) announcement on April 19, 2024, of its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), marks a significant moment in environmental regulation of per- and polyfluoroalkyl substances (PFAS). At the same time, the EPA released a new PFAS Enforcement Discretion and Settlement Policy under CERCLA (“Enforcement Policy”). These two announcements have wide-ranging implications for Superfund cleanups, development projects, public health, and the scope of environmental liability under CERCLA. The Persistent Threat of “Forever Chemicals” PFOA and PFOS belong to the PFAS class, a large group of man-made chemicals known for their exceptional resistance to degradation. These chemicals have been widely used since the 1940s in countless industrial applications and consumer products. Their unique chemical structure makes them highly effective in repelling water, oil, and stains. However, this same property also makes them incredibly persistent in the environment, earning them the nickname “forever chemicals.” Over time, PFAS have infiltrated various environmental media, including soil, water, and air. Extensive research over the past few decades has linked PFAS exposure to a range of human health problems, including: Certain cancers, particularly testicular and kidney cancers Liver damage Increased cholesterol levels Thyroid issues Developmental problems in infants and children, including low birth...