On April 19, 2024, EPA signed the highly anticipated final rule designating two types of PFAS as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). At the same time, David M. Uhlmann, Assistant Administrator for Enforcement and Compliance Assurance of the EPA, released an enforcement policy memorandum that provides “direction to all EPA enforcement and compliance staff about how EPA will exercise its enforcement discretion under CERCLA in matters involving PFAS, just as EPA exercises enforcement discretion regarding other hazardous substances.” This alert summarizes key points from the enforcement policy and flags various uncertainties that lie ahead. Continue Reading EPA’s Busy April for CERCLA and PFAS:New CERCLA Authority, an Enforcement Escape Hatch, and the Continued Search for Viable Cleanup Technologies
Monty Cooper
Harmon L. (Monty) Cooper is a counsel in Crowell & Moring’s Washington, D.C. office, where he is a member of the Mass Tort, Product, and Consumer Litigation and Environment & Natural Resources groups.
Monty is both a counselor and trial lawyer, whose practice focuses on product liability, environmental, and complex civil litigation. He has litigated tort and contract cases across the country, advising clients in high-exposure litigation in numerous venues. He has defended major oil companies in product liability litigation and property damage claims arising from environmental issues (e.g., MTBE litigation). Monty also provides counsel in non-litigation matters, including concerning property-transfer laws and regulatory and legislative matters affecting the mining industry.
Coronavirus Update: Recent FTC Guidance on the Use of Artificial Intelligence and Algorithms in the Age of COVID-19
On April 8, 2020, the Federal Trade Commission (FTC) published a blog post titled, “Using Artificial Intelligence and Algorithms,” that offers important lessons about the use of AI and algorithms in automated decision-making. The post begins by noting that headlines today tout rapid improvements in AI technology, and the use of more advanced…