In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers...more
As discussed in a previous post, EPA recently issued a final rule establishing drinking water standards, known as maximum contaminant levels (MCLs), for six per- and polyfluoroalkyl substances (PFAS). The final rule became...more
The United States Environmental Protection Agency (EPA) issued a final rule on May 17, 2024, updating the list of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the...more
Last month, Governor Murphy signed a bill that affects the use of per- and polyfluoroalkyl substances (“PFAS”) in firefighting foam. The law, approved as P.L.2023, c.243 (Bill A4125 or S2712), accomplishes a few things: it...more
A recent DuPont settlement in Ohio triggers additional payments to Delaware under a 2021 agreement. In June 2021, (i) E. I. du Pont de Nemours and Company, (ii) Corteva, Inc., (iii) The Chemours Company, and (iv) DuPont de...more
We reported earlier this year that the Environmental Protection Agency’s (EPA) proposed rule would require stricter (1) reporting of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI)...more
The Consumer Product Safety Commission (CPSC) recently released a Request for Information (RFI) to gather information from all stakeholders to better understand the potential presence and uses of per- and polyfluoroalkyl...more
As previously reported, the U.S. Environmental Protection Agency (EPA) published its most recent list of unregulated constituents to be monitored by public water systems (PWSs)—the fifth Unregulated Contaminant Monitoring...more
The Toxic Substances Control Act (TSCA) authorizes the United States Environmental Protection Agency (EPA) to impose restrictions relating to chemical substances and/or mixtures as well as requirements for reporting,...more
The U.S. Supreme Court recently issued an important decision that restricts the jurisdictions of the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (USACE) over wetlands.
Background- In Sackett v....more
Last month, the Delaware House of Representatives and Senate passed Concurrent Resolution No. 20 (the “Resolution”) related to aqueous film forming foam (AFFF). While concurrent resolutions lack the force and effect of law,...more
On February 24, 2023, the U.S. Environmental Protection Agency (EPA) announced that it was providing $23,186,000 to New Hampshire for clean water infrastructure upgrades. Approximately half of the funding will be in the form...more
As a reminder, the Environmental Protection Agency (EPA) proposed a rule last month that would enhance (1) reporting of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) and (2)...more
Earlier this summer, the U.S. Environmental Protection Agency (EPA) published its draft fifth Contaminant Candidate List (CCL 5) and accompanying technical support document.
By way of background, contaminants listed on the...more
New York’s drinking water standards for emerging contaminants are among the most stringent in the country, including standards issued in 2020 for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) at...more
We previously reported an expected timeline for promulgation of Delaware’s maximum contaminant levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that was generally in line with the...more
As explained in a previous post, Delaware’s Division of Public Health (the “Division”) and Department of Natural Resources and Environmental Control (DNREC) have been tasked with establishing maximum contaminant levels (MCLs)...more
The White House Office of Science and Technology Policy (OSTP) recently published in the federal register its Request for Information to all interested parties to ultimately “identify data gaps in research and development...more
On February 23, 2021, Plaintiffs Wisconsin Manufacturers and Commerce (WMC) and Oconomowos dry cleaner sued Wisconsin’s Department of Natural Resources (WDNR) seeking declaratory relief and an order to enjoin WDNR from...more
Earlier this month, the Environmental Protection Agency (EPA) published in the federal register its notice of availability to comment on its Draft Recommended Aquatic Life Ambient Water Quality Criteria for Perfluorooctanoic...more
This summer, Indiana joins a handful of states that have implemented “take-back” programs to collect and dispose of aqueous film forming foam (AFFF) containing per- and polyfuoroalkyl substances (PFAS).
AFFF is a...more
On October 20, 2021, Delaware Governor John Carney signed into law House Bill 8, which is enacted as Delaware’s Drinking Water Protection Act (29 Del. C. §§ 8090-8094).
The Act contains two primary directives requiring:...more
Researchers from RTI International (Research Triangle Institute), the Pennsylvania Department of Health, Temple University, and Brown University are seeking 1,000 adults and 300 children to participate in a per- and poly...more