Last week the California legislature passed two bills regulating PFAS in certain products:
..AB 727 which restricts the use of PFAS in cleaning products and floor sealers and finishes; and
..AB 1423 which restricts the...more
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. Thus far, eight states have enacted regulations...more
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more
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
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 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
8/2/2023
/ Commercial Property Owners ,
Contamination ,
Department of Environmental Quality ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
PFAS ,
Regulatory Oversight ,
Remediation ,
Residential Property Owners ,
Screening Procedures ,
Site Remediation ,
Soil ,
State Regulators ,
Toxic Chemicals
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
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
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
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
6/9/2023
/ Consumer Product Companies ,
Corporate Counsel ,
Cosmetics ,
Food Contamination ,
Food Manufacturers ,
Hazardous Substances ,
Manufacturers ,
Personal Care Products ,
PFAS ,
Popular ,
Product Packaging ,
Textiles ,
Toxic Chemicals
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
On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more
5/23/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Impact Report (EIR) ,
Environmental Liability ,
Exemptions ,
Hazardous Substances ,
PFAS ,
Proposed Legislation ,
Public Health ,
Toxic Chemicals
If passed, Minnesota’s HF 2310 will prohibit the intentional use of PFAS in 11 categories of consumer products starting in January 2025, and would then prohibit the intentional use of PFAS in all other products sold in the...more
On July 1, 2023, eligible companies will need to submit their Toxics Release Inventory (“TRI”) annual reports. However, those reports may look a little different this year because companies will now have to consider, and in...more
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
Cosmetics marketed as “clean,” “cleaner” or “natural” are being challenged in class action lawsuits asserting that the cosmetics contain PFAS or other synthetic chemicals, and that the marketing claims are therefore false or...more
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, eleven states have enacted laws concerning PFAS substances in food containers and packaging...more
EPA has spent the last several years working on listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and...more
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
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
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 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
On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more
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
1/19/2023
/ CERCLA ,
Contaminated Properties ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
Permits ,
PFAS ,
Public Health ,
Remediation ,
Site Remediation ,
Superfund ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
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