Recently, Congress allocated approximately $17 million in EPA’s fiscal year 2025 budget to modernize outdated technical systems and accelerate chemical reviews which may help resolve ongoing concerns about the functionality...more
House Republicans have introduced a joint resolution under the Congressional Review Act (CRA) to nullify a rule issued by the Environmental Protection Agency (EPA) late in the prior administration. The rule narrowed the...more
Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more
3/14/2025
/ CERCLA ,
Consumer Product Companies ,
Contamination ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more
3/14/2025
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Toxic Chemicals ,
Trump Administration
New York and California have recently imposed sweeping prohibitions on the sale of apparel containing per- and polyfluoroalkyl substances (PFAS). These prohibitions have a broad scope and are effective and enforceable as of...more
With 2024 winding down and a change of presidential administration imminent, it is worthwhile to consider the state of EPA’s efforts to regulate per- and polyfluoroalkyl substances (PFAS). In this connection, EPA recently...more
Litigation risks associated with per and polyfluoroalkyl substances (PFAS) continue to grow, as demonstrated by settlements over the last year in the set of claims being adjudicated in a multidistrict litigation (MDL-2873) in...more
On October 1, 2024, the U.S. Environmental Protection Agency (EPA) proposed to add 16 individual per- and polyfluoroalkyl substances (PFAS) as well as 15 PFAS categories, representing over 100 PFAS to the Toxics Release...more
On September 5, the U.S. Environmental Protection Agency (EPA) cut industry a significant break by postponing the reporting period for the one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section...more
A recent Supreme Court ruling could further jeopardize EPA’s PFAS hazardous substance designation, as the agency is attempting to advance a novel use of delegated legislative authority to further regulate PFAS chemicals....more
9/5/2024
/ Administrative Agencies ,
CERCLA ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Hazardous Substances ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Authority ,
Statutory Interpretation ,
Toxic Chemicals
On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances”...more
4/24/2024
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Reporting Requirements ,
Superfund ,
Toxic Chemicals
The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental...more
On April 10, 2024, the Environmental Protection Agency (EPA) finalized a National Primary Drinking Water Regulation under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for five per- and...more
The clock is winding down on businesses interested in commenting on EPA’s proposal to designate nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recover Act (RCRA)....more
As in 2023, Congress continues to focus on PFAS issues in the first months of 2024. In this 118th Congress, at least 39 bills focused on PFAS have been introduced along with several dozen additional bills that tangentially...more
The risks associated with PFAS-containing materials are expanding into new areas, as litigation and regulatory enforcement actions continue to rise. Recent trends suggest that employers who provide fire protection gear to...more
On October 2023, the U.S. Environmental Protection Agency (EPA) published a final rule in the Federal Register modifying reporting requirements for per- and polyfluoroalkyl substances (PFAS) in the Toxics Release Inventory...more
On September 20, 2023, the Consumer Product Safety Commission (CPSC) published a Federal Register Notice to request information on PFAS from “all stakeholders such as consumers, manufacturers and importers, government...more
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized the long-awaited one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) that the Agency had proposed in June 2021 under Section...more
In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more
Maine proposes a new rule to its PFAS legislation, while the Massachusetts Legislature considers two bills around banning specific PFAS-containing products.
Since many companies that do business in the United States do so...more
As expected, as part of the implementation of its 2021 PFAS Strategic Roadmap, the United States Environmental Protection Agency (EPA) has proposed a new rule to establish Safe Drinking Water Act Maximum Contaminant Levels...more
Since mid-2022, North Carolina, California, Wisconsin and Illinois each have sued primary and secondary manufacturers of PFAS and PFAS-containing products for alleged environmental damage caused by the distribution of their...more
Multiple states have enacted laws that impose prohibitions or notification obligations on the commercial distribution of PFAS-containing products, with requirements under the laws of three states (California, Maine and New...more
1/23/2023
/ Consumer Protection Laws ,
Department of Environmental Protection ,
Enforcement ,
Importers ,
Insurance Industry ,
Manufacturers ,
Noncompliance ,
Notification Requirements ,
PFAS ,
Product Labels ,
Toxic Chemicals ,
Wholesale
EPA has proposed a special one-time reporting rule that will require businesses to go on record with the agency memorializing their contributions to PFAS in the marketplace.
The final PFAS reporting rule is expected to be...more
10/4/2022
/ Chemical Data Reporting ,
Corporate Counsel ,
Enforcement ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
FOIA ,
PFAS ,
Proposed Rules ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)