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PFAS Update: EPA Kicks Off the New Year with TSCA and TRI Actions

The United States Environmental Protection Agency (“EPA”) started the new year by finalizing two rules involving per- or polyfluoroalkyl substances (“PFAS”) under the Toxic Substances Control Act (“TSCA”) and the Toxic...more

PFAS Drinking Water Standards: State-by-state Regulations - Updated January 2024

In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”) – for the time being anyway - many states have regulated PFAS compounds in drinking water. The result is a...more

PFAS in Firefighting Foam (AFFF) and Equipment: State-by-state Regulations - Updated: December 2023

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

PFAS in Soil: State Regulations - December 2023

In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more

PFAS in Consumer Products: State-by-state Regulations - November 2023

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This...more

PFAS litigation update: The risks of consumer product marketing claims

As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more

PFAS Drinking Water Standards: State-by-State Regulations - August 2023

In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”), many states have started regulating PFAS compounds in drinking water. The result is a patchwork of regulations...more

PFAS in Firefighting Foam (AFFF) and Equipment: State-by-State Regulations

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

PFAS Update: State Soil Concentration Regulations - July 2023

In the absence of binding federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for site...more

PFAS Update: State-by-state Consumer Products Regulations - July 2023

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more

PFAS Update: State and Federal Hazardous Substance Listings - July 2023

States and the United States Environmental Protection Agency (“EPA”) have started the process of regulating per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances, and the regulations are expected to accelerate...more

PFAS Update: Maine PFAS Reporting Deadline Extended to January 1, 2025

On June 8, 2023, Governor Mills executed LD 217 which extends the deadline for reporting products that are sold in Maine that contain intentionally added PFAS materials to January 1, 2025. The law also clarifies some of the...more

PFAS Update: Litigation trends in PFAS consumer product litigation from 2021 to 2022

In recent years, the topic of per- and polyfluoroalkyl substances (“PFAS”) has become well-known to the general public. State and federal regulators have implemented new regulatory standards for PFAS in groundwater, drinking...more

PFAS Update: Minnesota Significantly Restricts PFAS in Consumer Products

On May 24, 2023, Minnesota enacted HF 2310, which includes a number of PFAS restrictions in consumer products. As discussed below, several categories of products can no longer contain intentionally added PFAS beginning on...more

PFAS Update: State-by-State Groundwater Regulations - May 2023

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, numerous states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more

PFAS Update: Maine Issues Long-Awaited PFAS In Consumer Products Implementation Rule

In July 2021, Maine enacted a law that requires the disclosure of any product that contains intentionally added PFAS, and eventually prohibits the sale and distribution of any product that contains intentionally added PFAS in...more

PFAS Update: Proposed Federal Drinking Water Limits - EPA Goes Below and Beyond

Last week, EPA issued its long-anticipated proposal for Maximum Contaminant Levels (“MCLs”) for certain PFAS compounds which, once finalized, will establish national limits for those compounds in drinking water. EPA has been...more

PFAS Update: State-By-State PFAS Drinking Water Standards - February 2023

In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”), many states have started regulating PFAS compounds in drinking water. The result is a patchwork of regulations...more

PFAS Update: Children’s Products Regulations - February 2023

PFAS in Children’s Products has become a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products. So far, seven states have enacted regulations...more

PFAS Update: 2022 Federal PFAS Regulatory Recap

As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more

PFAS Update: New York Prohibits PFAS in Apparel

Kathy Hochul, New York’s governor, recently signed a bill which prohibits the sale of apparel that contains “intentionally added” perfluoroalkyl and polyfluoroalkyl chemicals (“PFAS”) starting on December 31, 2023. New York...more

PFAS Update: December 2022 State-by-State Consumer Products Regulations

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their...more

PFAS Update: EPA Proposes Increased TRI Reporting Requirements

On December 5, 2022, the U.S. Environmental Protection Agency (“EPA”) proposed a rule that would increase reporting for many per- and polyfluoroalkyl (“PFAS”) substances in the Toxics Release Inventory (“TRI”) under Section...more

PFAS Update: State Regulation of PFAS in Firefighting Foam and Equipment, November 2022

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more

PFAS Update: October 2022 State-by-State Groundwater Regulations

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, numerous states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more

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