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Mandatory Disclosure on "Forever Chemicals," PFAS, in One State Propagates Consumer Class Action in Another

In what appears to be a new pathway for PFAS litigation, California plaintiffs recently filed a lawsuit against the manufacturer of BIC razors stemming from disclosures the company made under Maine's PFAS law, which were...more

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more

EPA Issues the First-Ever National Drinking Water Standard for PFAS

On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more

New York Legislators Consider Sweeping Bill Banning PFAS

With Assembly Bill A3556C, New York joins a growing list of states considering or enacting broad bans on the sale and distribution of products containing per- and polyfluoroalkyl substances ("PFAS")....more

EPA Proposes New Set of Rules to Regulate PFAS Under RCRA

On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more

EPA's PFAS Reporting Rule Requires Broad Retroactive Disclosure of PFAS Data

The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more

EPA is Seeking Comment on Potential Designations of Additional PFAS as Hazardous Substances Under CERCLA

The Advance Notice of Proposed Rulemaking ("ANPRM") addresses seven per- and polyfluoroalkyl substances ("PFAS"), including PFBS and GenX. ...more

New York Proposes Exemption From Bar to Contribution Claims for PFAS Cleanup

The proposed amendment to NY law establishes a right to contribution for cost-recovery claims for settling parties in tort actions who clean up PFAS contamination. Per- and polyfluoroalkyl substances ("PFAS") are synthetic...more

EPA Proposes Standards to Limit Certain PFAS Substances in Drinking Water

On March 14, 2023, the EPA took a step toward imposing federal limits on certain per- and polyfluoroalkyl substances in drinking water under the Safe Drinking Water Act. The United States Environmental Protection Agency...more

EPA Issues Guidance Addressing Discharges of PFAS

In Short - The Situation: The Environmental Protection Agency's ("EPA") new guidance memorandum to states provides direction on how they can use the National Pollutant Discharge Elimination System ("NPDES") permitting...more

EPA Proposes More Stringent Reporting of PFAS Data to the Toxics Release Inventory

On December 5, 2022, the Environmental Protection Agency ("EPA") proposed a new rule that would increase reporting obligations for per- and polyfluoroalkyl substances ("PFAS") to the Toxics Release Inventory ("TRI"). PFAS are...more

EPA Proposes Designating PFOA and PFOS as Hazardous Substances Under CERCLA

The EPA announced on August 26, 2022, a proposed rulemaking that would designate perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS"), including their salts and structural isomers, as hazardous substances...more

EPA's Proposed SNUR on LCPFAC Surface Coatings - A proposed rule would require prior Environmental Protection Agency approval...

On February 20, 2020, the U.S. Environmental Protection Agency ("EPA") used its authority under Section 5(a)(2) of the Toxic Substances Control Act ("TSCA") to issue a proposed supplemental significant new use rule ("SNUR")...more

EPA Moving Toward Drinking Water Health Standard for PFOA and PFOS

The Situation: The U.S. Environmental Protection Agency ("EPA") preliminarily determined to begin the process for setting National Primary Drinking Water Regulations ("NPDWRs") for perfluorooctanoic acid ("PFOA") and...more

Groups Petition EPA for Regulation of PFAS Chemicals Under RCRA - The designation of certain per- and polyfluoroalkyl substances...

On January 15, 2020, several environmental groups filed a petition asking the Environmental Protection Agency ("EPA") to regulate certain per- and polyfluoroalkyl substances ("PFAS") under the Resource Conservation and...more

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