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New State Laws Limiting the Use of PFAS in Consumer Products Continue to Proliferate

Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more

The Differing Regulatory Definitions of PFAS-Containing Products

Consumer product laws regulating per- and polyfluoroalkyl substances (“PFAS”) have proliferated in the United States in the past few years with little consistency....more

Maine Narrows and Delays PFAS Regulation

Overshadowed by the U.S. Environmental Protection Agency’s (EPA) regulation of PFAS under the Safe Drinking Water Act and its designation of PFOS and PFOA as hazardous substances under CERCLA, Maine’s latest revision to its...more

California’s Continuing Crusade Against PFAS-Containing Products

A series of recent California laws have placed significant restrictions on the sale of certain products in the state that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). California hopes, by...more

EPA Takes Next Step Toward New Formaldehyde Regulations

On March 15, 2024, the United States Environmental Protection Agency (EPA) released the draft risk evaluation for formaldehyde for public comment and peer review. The draft risk evaluation was promulgated pursuant to EPA’s...more

California’s Approach to PFAS Regulation Creates Compliance Challenges

In the past 10 years, several U.S. states have been at the forefront of regulation of per- and polyfluoroalkyl substances (PFAS), including Maine, New Hampshire, Vermont and New Jersey. But in the past few years, California...more

2024 Promises To Be a Critical Year for New PFAS Regulations

The new year will be a busy one for federal and state per- and polyfluorinated alkyl substances (PFAS) regulations. There are a number of new federal rulemakings, including those under the Comprehensive Environmental...more

New EPA PFAS Reporting Rule May Pose Challenge for Manufacturers and Importers

On October 11, 2023, the U.S. Environmental Protection Agency (EPA) published a final rule under the Toxic Substances Control Act (TSCA) Section 8(a)(7), requiring manufacturers to submit a one-time report to the Agency...more

PFAS Reporting Obligations in 2023: Key Issues and Considerations

In recent months federal and state regulators have proposed or finalized new regulations that require chemical and product manufacturers to disclose the manufacture and use of PFAS (perfluoroalkyl and polyfluoroalkyl...more

EPA Designates PFOS and PFOA as Hazardous Substances

On September 6, the United States Environmental Protection Agency (EPA) issued a notice of proposed rulemaking to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under...more

Supplemental Environmental Projects Set to Return with New Guidelines

On May 5, Attorney General Merrick Garland announced the return of supplemental environmental projects (SEPs) in U.S. Department of Justice (DOJ) settlements. SEPs are voluntary projects intended to benefit the environment...more

What Is a PFAS, and Why Should I Care? Part III - California’s Proposition 65

In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and...more

Biden Administration Seeks to Reverse Decades-Long Decline in Federal Environmental Enforcement in Proposed 2023 EPA Budget

The Biden administration recently proposed a fiscal year (FY) 2023 budget for the U.S. Environmental Protection Agency (EPA) that seeks to increase EPA’s budget by $2.644 billion and reverse a decades-long slide in federal...more

What Is a PFAS, and Why Should I Care? Part II - The Threat to the Restaurant and Food Packaging Industries, and Potential...

In our initial blog post, we introduced readers to per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” and predicted the rise of PFAS consumer class actions and increased regulatory activity barring the...more

What is a PFAS, and Why Should I Care?

We are bombarded with countless abbreviations every day - CPPA, GLBA, MSRP, SARS and BPA, to name just a few. Time to add one more to the list. Per- and polyfluoroalkyl substances, colloquially known as PFAS, are a class of...more

Biden Roadmap Signals New Era of PFAS Regulation

On October 18, the Biden administration and the U.S. Environmental Protection Agency (EPA) announced new plans for regulation of per- and polyfluoroalkyl substances (PFAS). The announcements are unprecedented in their breadth...more

Companies Entering the Disinfectant and Sanitizer Markets Should Proceed With Caution

As COVID-19 swept across the country in March 2020, it became abundantly clear to anyone who visited a grocery store that the United States was facing a severe shortage of essential products. Among some of the more noticeable...more

EPA's PFAS Action Plan Highlights Risks and Uncertainties of Further PFAS Regulation

On February 14, the U.S. Environmental Protection Agency (EPA) announced a comprehensive proposal for further study and regulation of per- and polyfluoroalkyl substances (PFAS) in a PFAS Action Plan....more

New Tax Law Will Shape Future Environmental Settlements

A minor provision concerning deductibility in Public Law 115-97, commonly known as the Tax Cuts and Jobs Act (Act), may have significant impacts on administrative and judicial settlements between companies and the U.S....more

EPA's Fiscal Year 2017 Statistics Reflect Accelerating Decline in Federal Environmental Enforcement

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) released its environmental enforcement statistics for fiscal year 2017 (FY 2017). Because EPA’s fiscal year ends in September, the newly released statistics...more

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