When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory...more
On April 8, 2025, the Governor of New Mexico, Lujan Grisham, signed HB 212 prohibiting certain PFAS substances in various consumer products. This bill (now enacted into law) establishes on specific product categories...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by state laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more
Since January 20, 2025, the Trump Administration has implemented numerous changes to federal environmental justice (“EJ”) initiatives which are expected to result in reduced permitting and regulatory burdens. While the...more
3/14/2025
/ Clean Energy ,
Climate Change ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Inflation Reduction Act (IRA) ,
NEPA ,
Regulatory Reform ,
State and Local Government ,
Trump Administration
The United States Environmental Protection Agency (“EPA”) has extended the public comment period for the Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) (“Draft...more
On January 15, 2025, the United States Environmental Protection Agency (“EPA”) published its “Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” (“Draft Risk...more
2/19/2025
/ Agricultural Sector ,
CERCLA ,
Clean Water Act ,
Contaminated Properties ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Notice and Comment ,
PFAS ,
Public Health ,
Risk Assessment
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
2/4/2025
/ Contamination ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Requirements ,
Remediation ,
Site Remediation ,
State and Local Government
Climate control technology is increasingly a focal part of modern society’s expectation to have sophisticated supply chains, particularly relating to perishable items such as pharmaceuticals, raw products, and food. ...more
2/4/2025
/ Climate Change ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Food Manufacturers ,
Greenhouse Gas Emissions ,
HFC Emissions ,
Montreal Convention ,
Pharmaceutical Industry ,
Regulatory Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Sustainability
In a flurry of activity, newly elected President Donald J. Trump issued a series of Executive Orders immediately after his inauguration on January 20, 2025. This article will discuss eight of these documents that directly...more
On November 14, 2024, the U.S. Environmental Protection Agency (“EPA”) determined that 1,4-dioxane presents an unreasonable risk of injury to human health under its conditions of use....more
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
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
11/27/2024
/ Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Requirements ,
State and Local Government ,
Toxic Chemicals ,
Water Quality
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging...more
PFAS in Children’s Products is a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products. ...more
On September 29, 2024, Governor Newsom approved AB 347 which, among other things, finally answers the question of which California agency will be tasked with enforcing and interpreting at least some of California’s PFAS in...more
11/4/2024
/ Compliance ,
Compliance Dates ,
Consumer Product Companies ,
Enforcement ,
Governor Newsom ,
Manufacturers ,
New Legislation ,
Penalties ,
PFAS ,
Registration Requirement ,
Toxic Chemicals
The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels....more
9/16/2024
/ Drinking Water ,
Environmental Testing ,
Hazardous Substances ,
New Regulations ,
PFAS ,
Popular ,
Proposed Legislation ,
Proposed Regulation ,
Public Health ,
Regulatory Requirements ,
State and Local Government ,
Testing Requirements ,
Toxic Chemicals
Companies subject to the Toxic Substances Control Act (“TSCA”) Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”)—also known as the “TSCA PFAS Reporting...more
9/6/2024
/ Compliance ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Reporting Requirements ,
Third-Party ,
Time Extensions ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
In the absence of comprehensive federal regulation of PFAS in cookware, states are enacting and proposing their own laws. Thus far, eight (8) states have enacted laws addressing PFAS substances in cookware and bakeware...more
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
On May 1, 2024, Colorado governor Jared Polis signed SB-81, a bill entitled the "Perfluoroalkyl and Polyfluoroalkyl Consumer Protection Act." As discussed below, this bill expands Colorado’s existing restrictions on the use...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
In 2021, Maine passed the most sweeping law related to the regulation of PFAS in consumer products at that time. Subsequently, the law was amended in 2023, and on April 16, 2024, Governor Mills signed L.D. 1537, entitled “An...more
On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
4/29/2024
/ CERCLA ,
Contamination ,
Department of Transportation (DOT) ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Potentially Responsible Party (PRP) ,
Reporting Requirements ,
Site Remediation ,
Toxic Chemicals ,
Wastewater
On April 10, 2024, the United States Environmental Protection Agency (“EPA”) issued its long-anticipated National Primary Drinking Water Regulation (“NPDWR”) establishing Maximum Contaminant Levels (“MCLs”) for certain PFAS...more
PFAS in Children’s Products is a major focus for state legislators across the country, prompting some of the most stringent PFAS restrictions in consumer products. Thus far, eight states have enacted legislation concerning...more