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Insights
Apr 26, 2024
Apr 26, 2024
Caps on employer liability: letters of intent and CLS v WJGE
In this Insight, Zaynah Mirza considers the case of CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 (TCC) which concerned a number of issues including whether the terms of the letter of intent or the terms of the contract yet to be entered into governed the project.
Blog Post
Apr 26, 2024
Apr 26, 2024
EPA Designates PFOS and PFOA as CERCLA Hazardous Substances
On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”). As discussed below, this designation will, among other things, affect remediation efforts, notification requirements, and due diligence activities. It also will have ripple effects across many state regulations that reference CERCLA Hazardous Substances.
Originally proposed in September 2022, finalization of the rule has been significantly delayed, largely due to the over 64,000 public comments received. Importantly, one of the major concerns is how the CERCLA listing would impact municipally owned passive receivers of PFAS like landfills, publicly owned treatment works, airports, and farms that have land applied biosolids. To address those concerns, EPA issued an Enforcement Discretion Guidance document simultaneously while issuing the final rule which provides some relief to those entities.
The final rule, related website, and press release provide additional information. Once the rule is published in the Federal Register, it becomes effective in sixty (60) days, absent any legal challenges.
Insights
Apr 26, 2024
Apr 26, 2024
SEC Risk Alert on Compliance with the Marketing Rule- Examination Observations