CERCLA, RCRA, and PFAS Update: Recent Litigation and Regulatory Developments

August 1, 2024 12:00 pm — 1:15 pm
Webinar Only

For the latest details on agenda, faculty, and more, please visit the event website for updates.

  • This virtual session will run from 12:00 noon to 1:15 pm Eastern Time (11:00 am – 12:15 pm Central; 10:00 am – 11:15 am Mountain; 9:00 am – 10:15 am Pacific) on Thursday 8/1
  • ELI members should contact events@eli.org for a coupon code for a 20% discount on the webcast (discount not valid in combination with any other offers, discounts, or scholarships).
  • Go to the event site to find information on CLE or group registration savings.
  • Scholarships are available for judges, judicial law clerks, law professors, attorneys 65 or older, law librarians, attorneys who work for nonprofit organizations or legal services organizations, unemployed attorneys and attorneys in private practice who seek to learn skills that will assist them in pro bono activities or are in need. You must complete the online application to apply for assistance--pay particular note to deadlines for applications.
  • Attorneys licensed for five years or less, or who are full-time employees of federal, state, or local governments qualify for an automatic tuition reduction of 25%. A limited number of full scholarships are available for these attorneys, but an application is required.
  • Questions may be addressed to ALI customer service at 800-253-6397 or custserv@ali-cle.org.

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, 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!

Questions will be submitted live to the faculty and all registrants will receive downloadable course materials to accompany the program.

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.

Register Now!