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
Shennie Patel
Shennie Patel works in Crowell & Moring’s Environment and Natural Resources Group, focusing on enforcement and investigations and offering clients robust representation in both civil and criminal matters. With over 20 years of federal investigation and prosecution experience, Shennie brings valuable insight to her clients. During her federal career, which included 14 years in the DOJ’s Environmental Crimes Section, she managed multiagency teams and prosecuted a wide array of complex federal laws, primarily covering environmental and white collar crimes. She handled cases nationwide and internationally and was entrusted with full case management, covering motions practice, trial strategy, plea agreements, and sentencing, as well as supervision of hundreds of search warrants.