Seyfarth Synopsis: Continuing its assault on commonly used chemicals that pose risks to human health, the United States Environmental Protection Agency (“USEPA”) issued (but has not yet published in the Federal Register) bans on Trichloroethylene (“TCE” or “Tri”) and Perchloroethylene (“PCE” or “Perc”) under the Toxic Substances Control Act (“TSCA”).  The bans were first proposed in 2023, but have now

Continue Reading Hung Out to Dry: USEPA Issues Bans on Trichloroethylene and Perchloroethylene

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

The Fifth Circuit recently held that a seller of dry cleaning chemicals did not assume Superfund “arranger” liability by merely selling a useful but hazardous chemical with the intent that it be used by a dry cleaning business that then subsequently discharged the contaminant into ground water.
Continue Reading Court Finds that Sale of Hazardous Chemicals Isn’t Disposal Absent Intent to Dispose