On September 4, 2024, the United States Environmental Protection Agency (EPA) announced that it has delayed the reporting deadlines for its Toxic Substances Control Act (TSCA) Reporting and Recordkeeping Requirements for...more
On August 15, 2024, Massachusetts Governor, Maura Healy, signed legislation that will regulate and ultimately end the sale of protective gear for firefighters that contain per- and polyfluoroalkyl substances (PFAS)....more
On April 26, 2024, the United States Environmental Protection Agency (EPA) promulgated the first-ever national, legally enforceable maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances (PFAS) in...more
Facing bellwether trials in the Aqueous Film Forming Foam (AFFF) multi-district litigation (MDL) later this year for claims brought by public water systems due to the alleged per- and polyfluoroalkyl substances (PFAS)...more
On April 19, 2024, the US Environmental Protection Agency (EPA) released a final rule stating that two types of per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more
On April 10, 2024, the United States Environmental Protection Agency (EPA) announced that it has finalized the first-ever national, legally enforceable maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl...more
On March 21, 2024, the United States Court of Appeals for the Fifth Circuit issued a decision unanimously agreeing with Inhance Technologies, LLC (Inhance) that the United States Environmental Protection Agency (EPA) exceeded...more
Judge Richard Gergel of the United States District Court for the District of South Carolina, the judge who is overseeing multi-district litigation concerning aqueous film-forming foam (AFFF), yesterday gave final approval to...more
Across the United States, there has been a concerted effort to confront the pervasive issue of per- and polyfluoroalkyl substances (PFAS) through legislative measures that ban the use and/or sale of PFAS-containing products...more
In response to the perceived threat per- and polyfluoroalkyl substances (PFAS) pose to public health and the environment, Environmental Protection Agency (EPA) administrator Michael Regan established the Executive Council on...more
On November 27, 2023, the Sixth Circuit Court of Appeals issued an important decision reversing class certification that could significantly impact the future of PFAS litigation, particularly where plaintiffs have attempted...more
On October 11, 2023, the US Environmental Protection Agency (EPA) published in the Federal Register a final rule, under the Toxic Substances Control Act (TSCA), that establishes reporting requirements for manufacturers of...more
A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more
10/6/2023
/ Contamination ,
Corporate Counsel ,
Corporate Liability ,
Discovery ,
Drinking Water ,
General-Business ,
Liability ,
PFAS ,
Property Owners ,
Racketeering ,
RICO
Recently, the US Department of Defense (DOD) added a fluorine-free firefighting foam to its Qualified Products List (QPL). This new Synthetic Fluorine-Free Foam (SFFF) is the first of its kind to be added to DOD’s QPL, and...more
A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more
As the tug of war between governmental agencies and the scientific community rages on concerning per- and polyfluoroalkyl substances (PFAS), the American Chemistry Council (ACC) has weighed in with a critique of the...more
As EPA continues to review potential regulations for PFAS contamination in drinking water, some state regulatory bodies have decided not to wait for the federal government to act. North Carolina is the latest state to...more
8/1/2023
/ Abatement ,
Clean-Up Costs ,
Contamination ,
Department of Environmental Quality ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
North Carolina ,
PFAS ,
Responsible Party ,
Toxic Chemicals
On June 22, 2023, the EPA called for the public to nominate experts to review and comment on the “2023 White Paper on the Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2” (88 Fed....more
More than a year after the Massachusetts PFAS Interagency Task Force recommended 30 steps to address PFAS contamination, Rep. Kate Hogan and Sen. Julian Cyr proposed an Act to Protect Massachusetts Public Health from PFAS, HD...more
As legislators and regulators continue to ramp up efforts to mitigate exposures to per- and poly-fluoroalkyl substances (PFAS), the Environmental Protection Agency (EPA) has just announced a six-month extension to set forth a...more
This morning, Judge Richard Gergel of the US District Court for the District of South Carolina—the judge presiding over multidistrict litigation (MDL) concerning Aqueous Film Forming Foam (AFFF)—continued the City of Stuart...more
In October 2021, the US Environmental Protection Agency (EPA) released its Per- and Polyfluroalkyl Substances (PFAS) Strategic Roadmap, the stated goal of which was to, “hold polluters accountable.” Pursuant to the roadmap,...more
New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more
Last week, the New Hampshire Supreme Court held that state law does not recognize medical monitoring as a remedy or cause of action for plaintiffs who allege that they were exposed to a toxic substance. In Kevin Brown v....more
On March 14, 2023, the US Environmental Protection Agency (EPA) proposed the first federally enforceable maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances (PFAS) in drinking water. In a move that...more