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Did EPA Violate Statutory Authority in Promulgating PFAS MCLs?

On October 7, 2024, two groups of plaintiffs challenged the United States Environmental Protection Agency’s (EPA) April 26, 2024, rule that established Maximum Contaminant Levels (MCLs) for certain per-and polyfluoroalkyl...more

BASF Corporation Agrees to Settlement in AFFF MDL for PFAS Contamination of Public Drinking Water

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

EPA Lists PFOA and PFOS as Hazardous Substances Under CERCLA

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

EPA Finalizes Controversial PFAS Maximum Contaminant Levels

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

Judge Richard Gergel Approves $12.5B PFAS Settlement for 12,000 Public Water Systems

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

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

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

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

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

North Carolina Attempts to Crack Down on PFAS Contamination

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

Proposed Legislation to Phase Out PFAS in Massachusetts

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

EPA Announces Policy of Enforcement Discretion in PFAS Regulation

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

Proposed Carve-Out Permits Settling Litigants to Recover Costs of PFAS Cleanup in New York

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

Risk of Injury is Not an Injury: New Hampshire Supreme Court Declines to Recognize Medical Monitoring

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

How Low Can You Go? EPA Issues Proposed PFAS Maximum Contaminant Levels

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

EPA Proposes to Add Environmental Justice, Climate Change and PFAS to National Enforcement and Compliance Initiatives for FY...

The Environmental Protection Agency (EPA) announced it is seeking public comment on its proposal to address environmental justice, climate change and per- and polyfluoroalkyl substances (PFAS) contamination in its National...more

EPA to Consider PFAS in Next Round of National Enforcement and Compliance Initiatives

On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments and recommendations on its National Enforcement and Compliance Initiatives (NECI) set to be implemented during its...more

EPA's 2023 Plans For PFAS: High Costs, Uncertain Rewards

For the past few years, the U.S. Environmental Protection Agency has been working on regulations to minimize environmental contamination due to the use of per- and polyfluoroalkyl substances in industrial and consumer...more

Threat of Zero-Allowance Regulations Loom for Forever Chemicals

For many years, per- and polyfluoroalkyl substances (PFAS) have been ubiquitous in American commerce and industry. That ubiquitous use, and the fact that PFAS chemicals do not break down in the environment, has led to the...more

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