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New Hampshire Adds PFAS to Real Estate Sellers’ Mandatory Notifications

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

Federal Drinking Water Standards for PFAS Will Influence Groundwater Remediation Standards

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

EPA Incorporates Seven New PFAS into the Toxics Release Inventory Reporting List

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

New Jersey Finalizes Law Restricting PFAS in Firefighting Foam and Creating Take-Back Program

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

DuPont Companies to Pay Delaware an Extra $25 Million Under 2021 PFAS Settlement

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

EPA Finalizes Rule Removing De Minimis Exemptions, Subjecting Companies to Enhanced PFAS Reporting and Notification Requirements

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

Consumer Product Safety Commission Seeks Insights About PFAS in Consumer Products

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

EPA Unveils its First-Round UCMR 5 PFAS Sampling Data

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

EPA Proposes to Disqualify PFAS from Low Volume Exemptions and Low Release and Exposure Exemptions under TSCA

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

U.S. Supreme Court Loosens the Clean Water Act’s Grip on Wetlands

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

Delaware Resolution Requests Disposal Plan and Inventory of Aqueous Film Forming Foam Across the State

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

New Hampshire to Receive $2.1 Million to Address PFAS and Other Emerging Contaminants

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

Comment Period Deadline Approaches for EPA’s Proposed Rule Subjecting Companies to Enhanced PFAS Reporting and Notification...

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

EPA Finalizes its Fifth Contaminant Candidate List

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 State Proposes to Establish Drinking Water Maximum Contaminant Levels for Four Additional PFAS

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

Update: A New Expected Timeline for Implementation of Delaware’s PFOA and PFOS Maximum Contaminant Levels

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

An Expected Timeline of Delaware’s Maximum Contaminant Levels for PFOA and PFOS

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

White House Office Calls for Information to Identify Data Gaps in PFAS Research and Development

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

Outcome of PFAS Decision Remains Uncertain in the Midst of Stay

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

Environmental Protection Agency Seeks Comments on Draft Recommended Aquatic Life Ambient Water Quality Criteria for PFOA and PFOS

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

States Continue to Implement Take-Back Programs for Aqueous Film Forming Foam

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

Delaware’s Maximum Contaminant Levels for PFOA and PFOS Expected by this Summer

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

PFAS Exposure Study Seeks Voluntary Participants from Bucks and Montgomery Counties

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

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