On April 13, the Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking (ANPRM) to expand the list of per- and polyfluoroalkyl (PFAS) chemicals currently proposed to be regulated under the Comprehensive Environmental Responsibility, Compensation and Liability Act (CERCLA). EPA uses ANPRMs to obtain public input and data to assist the agency in its deliberations regarding the development of potential future regulations.
In September 2022, EPA proposed a rule to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. This designation would give EPA the ability to require responsible parties to remediate PFAS in the environment that may present a substantial danger to the public health or welfare or to the environment. While EPA has not yet published a final rule with regard to the listing of PFOA and PFOS, it seems imminent given that this ANPRM proposes designating as hazardous substances seven additional PFAS chemicals as well as the precursors to PFOA and PFOS. In addition, EPA is considering whether to initiate a future rulemaking that would designate categories of PFAS that share one or more similar characteristics as hazardous substances. The listing of these additional substances likely will create additional challenges and costs for the evaluation and remediation of sites where such substances may have been used.
In March, EPA conducted two "listening sessions" to provide the public with an opportunity to comment on the agency's proposal to develop an enforcement discretion and settlement policy with regard to PFAS cleanup enforcement actions under CERCLA after concerns arose in many sectors regarding how EPA would pursue CERCLA enforcement given the breadth of potentially responsible parties and the ubiquitous nature of PFAS. Given this new development, we expect additional communications from EPA in the coming months.
EPA is taking these actions in accordance with its PFAS Strategic Roadmap, announced in 2021, to address growing concerns over PFAS pollution. The ANPRM is published in the Federal Register at 88 Fed. Reg. 22399 (April 13, 2023) and can be accessed here. The ANPRM is open for a 60-day comment period, closing on June 12.
Day Pitney Real Estate, Environmental and Land Use practice co-chair Craig Gianetti was featured in Law360 article "NJ Bill Paves An Aggressive Affordable-Housing Path."
The arrival of Steven Wernick and Joseph Ruiz of Wernick & Co to Day Pitney's Miami office was featured in Miami Today's People column. Wernick and Ruiz are joining the firm's real estate, environmental and land use practices as a partner and counsel. Wernick & Co. built its reputation in the Miami area through experience in land use and zoning.
The Day Pitney Real Estate, Environmental, and Land Use Team, led by practice co-chair Katharine Coffey, represented the developers Russo Development, Onyx Equities LLC, and Dinallo Development LLC/Terminal Construction in connection with multiple transactions facilitating the development of Hackensack Meridian Health's $200 million, first-of-its-kind health care facility at Metropark, a mass transit hub in Woodbridge, NJ.
The arrival of Miami Attorneys Steven J. Wernick and Joseph Ruiz was featured in The Real Deal's Movers and Shakers column. Wernick, who joined as a partner, previously founded Wernick & Co, a Miami-based law firm specializing in land use and urban redevelopment.
Day Pitney Real Estate Partner Steven J. Wernick is featured in the Law360 article, "Revisions Show Fla.'s Dedication To Affordable Housing Law."
The arrival of Miami Real Estate and Land Use Attorneys Steven J. Wernick and Joseph Ruiz were featured in a Law360 article. Wernick and Ruiz joined from Wernick & Co, a land use boutique noted for numerous development projects in Miami's arts-focused Wynwood neighborhood.
The arrival of Miami-based Real Estate Partner Steven Wernick and Joseph Ruiz of Wernick & Co. to the firm's Miami office was featured in Attorney At Law Magazine article, "Day Pitney Continues Growth Trajectory of Corporate Department with Addition of Wernick & Co. in South Florida."
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New Jersey Of Counsel Christopher Stracco and Associates Palak Sharma and Erin Hodgson co-authored a chapter in the American Bar Association’s 28th Edition of The Property Tax Deskbook, which is described by the publisher as a “comprehensive guide provides taxpayers and tax practitioners with an essential, reliable, and annually updated compendium of information about property taxation law and procedure in all 50 states and the District of Columbia.”
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