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Prospective Purchaser Agreements: The Importance of PPAs When Purchasing Contaminated Oregon Properties
Purchasers of contaminated property are often familiar with obtaining a Phase 1 Environmental Site Assessment (ESA) in the hopes of maintaining the CERCLA bona fide prospective purchaser defense, but sometimes they overlook the fact that Oregon offer...
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EPA Approves the Use of ASTM E1527-21 for the All Appropriate Inquiries Requirement
On February 13, 2023, the Environmental Protection Agency’s (EPA) final rule amending the All Appropriate Inquiries (AAI) rule took effect. Under the new rule, prospective purchasers of contaminated property can use ASTM E1527-21 “Standard Practice f...
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PFAS Year-End Review: EPA Lays Groundwork for Tighter Regulatory Scrutiny
2022 was a foundational year for the Environmental Protection Agency’s (EPA) planned actions to regulate per- and poly-fluoroalkyl substances (PFAS) under its PFAS Strategic Roadmap (Roadmap). Since issuing its Roadmap in October 2021, EPA has set ou...
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EPA Issues Historic Proposed Rule to Designate PFOS and PFOA as Hazardous Substances Under CERCLA
On August 26, 2022, EPA issued its long-awaited notice of proposed rulemaking to designate two commonly used per- and polyfluoralkyl substances (PFAS)—i.e., PFOS and PFOA, including their salts and structural isomers—as “hazardous substances” under C...
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The Recent Rise (and Future Fall?) of Environmental Justice
For the past few months, the federal government has emphasized environmental justice issues in legislation and executive actions. Both the Department of Health and Human Services and the Department of Justice have established Offices of Environmental...
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EPA Issues New HAL for Four Commonly Used PFAS
After months of speculation, on June 15, 2022, EPA issued its drinking water health advisory for four commonly used PFAS: PFOA, PFOS, GenX, and PFBS. EPA’s drinking water health advisories provide information on the levels of a specific contaminant t...
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