Despite the many benefits of PFAS, there continues to be a rise in regulatory action, legal implications and environmental, health and safety concerns related to the “forever chemicals.” Hunton Andrews Kurth attorneys Dan Grucza and Chuck Knauss give an inside look into the changing regulatory landscape of PFAS.
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eNGO Alleges Cape Cod Resorts Violate the Clean Water Act
An eNGO asks a federal court to find vacation resorts in the Cape Cod area of Massachusetts liable for Clean Water Act violations relating to their sewage treatment operations. The eNGO argues that the hydrological connection theory merits liability, but the Resorts argue the theory cannot provide a basis for CWA liability.
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Fourth Circuit Extends CWA Liability to Cover a Wholly Past Pipeline Spill
In a decision issued on April 12, 2018, a Fourth Circuit panel held (2-1) that (1) even though a pipeline leak has been repaired and remediation is ongoing under the supervision of the state environmental agency, environmental groups have standing to sue the pipeline owner, and (2) plaintiffs’ allegation that groundwater continues to carry discharged pollutants to jurisdictional waters through a “direct hydrological connection” supports liability under the Clean Water Act.
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PFASs: If You Haven’t Heard of Them, You Will Soon
PFASs (per- and polyfluoroalkyl substances) comprise a group of highly fluorinated manmade compounds that are showing up in drinking water supplies around the country. They are resistant to heat, water and oil, as well as to chemical breakdown. Until recently, PFASs have not been widely regulated. This is changing at both the federal and state levels.
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