On April 21, 2025, the Minnesota Pollution Control Agency (“MPCA” or “the Agency”) released proposed rules that if finalized would help effectuate the Gopher State’s ban on per- and polyfluoroalkyl substances (“PFAS”) in...more
While several states, including Minnesota, Rhode Island, and Maine, have moved to ban per- and polyfluoroalkyl substances (PFAS) in cookware products, no state has yet established specific limits for PFAS levels in food. This...more
With 2025 officially underway, companies should be mindful of two key deadlines for submitting mandatory per- and polyfluoroalkyl substances (PFAS) information to North American regulators....more
Major new changes to the California Proposition 65 warning requirements went into effect on New Year’s Day. After multiple attempts, California’s Office of Health Hazard Assessment (OEHHA) adopted long-awaited changes to the...more
The New Year rings in with a likely wave of new enforcement actions under California’s Proposition 65 targeting Bisphenol-S (BPS), a popular substitute chemical for Bisphenol-A (BPA) which itself has been targeted by...more
1/9/2025
/ California ,
Chemicals ,
Consumer Product Companies ,
Corporate Counsel ,
Enforcement ,
Failure To Warn ,
Hazardous Substances ,
OEHHA ,
Penalties ,
Proposition 65 ,
Toxic Chemicals
The Minnesota Pollution Control Agency (“MPCA” or “the Agency”) is requesting comments by December 19 on development of the state’s program for reporting per- and polyfluoroalkyl substances (“PFAS”) in products and the...more
Recently adopted California legislation (AB 347) aims to fill fundamental gaps in implementation of the state’s restrictions on per- and polyfluoroalkyl substances (“PFAS”) in juvenile products, textile articles, and food...more
A federal judge in California has rejected a specific screening test for per- and polyfluoroalkyl substances (PFAS) as insufficient alone to support a class action lawsuit involving allegations of PFAS in menstrual products....more
The U.S. Environmental Protection Agency (“EPA” or “the Agency”) has announced that it is delaying the reporting period for its controversial per- and polyfluoroalkyl substances (“PFAS”) disclosure rule eight months, with...more
As Maine struggles to develop a reporting system in the wake of the legislature’s overhaul of the Pine Tree State’s PFAS reporting requirements, the Minnesota Pollution Control Agency (“MPCA”) announced that it aims to begin...more
The U.S. Environmental Protection Agency (“EPA” or “the Agency”) has announced that it is proposing to ban the solvent 1-bromopropoane (“1-BP”) under the Toxic Substances Control Act (“TSCA”) in all but one consumer product,...more
Joining the ranks of California, Maine, New York, Colorado, Minnesota, and Washington, Rhode Island has officially finalized a ban on the manufacture, sale, and distribution of numerous products (as well as Class B...more
Roughly eight months have passed since California’s Office of Environmental Health Hazard Assessment (OEHHA) last proposed to amend its Prop 65 regulations on “short-form” and internet warnings provisions. Now, in response...more
The U.S. Environmental Protection Agency (“EPA” or “the Agency”) has finalized the addition of seven per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) program, publishing the final rule in...more
On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or “the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms...more
After years of tumultuous and unpredictable regulatory uncertainty, the Maine Legislature has again decided to overhaul the state’s PFAS in Products program, dramatically shrinking the scope of the reporting requirements and...more
Supreme Court Justice Louis Brandeis once opined that “a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”...more
On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or “the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms...more
Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more
4/18/2024
/ CERCLA ,
Clean-Up Costs ,
Contamination ,
Continuing Legal Education ,
Due Diligence ,
Environmental Liability ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
Events ,
Hazardous Substances ,
Investigations ,
Lenders ,
Manufacturer Liability ,
PFAS ,
Property Owners ,
Real Estate Transactions ,
Risk Assessment ,
Risk Management ,
Safe Drinking Water Act
Echoing recent revisions strengthening the Risk Management Program under the Clean Air Act, the U.S. Environmental Protection Agency (“EPA” or “the Agency”) on March 14, 2024 finalized a rule requiring certain facilities to...more
Rest assured, you can stop worrying about ingesting “forever chemicals” when you use fast-food wrappers, microwave popcorn bags, and take-out paperboard containers. Last week, FDA announced here that so-called...more
California’s extensive regulatory approach to per- and polyfluoroalkyl substances (“PFAS”) is poised to take a dramatic step forward with a proposed ban on the “forever chemicals” in most consumer products. Following the...more
In the final hours of 2023, our colleagues over at Ad Law Access highlighted the numerous regulatory bodies that spent the year clamping down on “greenwashing” advertising practices – such as the Federal Trade Commission’s...more
On January 31, 2024, the United States Environmental Protection Agency (“EPA” or “the Agency”) issued a proposal to amend Resource Conservation and Recovery Act (“RCRA”) regulations to include nine specific per- and...more
The new year marks the final one of U.S. EPA’s Per- and Polyfluoroalkyl Substances (“PFAS”) Strategic Roadmap, and so it is only fitting that the Agency begins 2024 by adding seven additional PFAS to the Toxic Release...more