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Earth Week 2024—Planet Versus Plastic—The Final Round—The Courts’ Referee Role

As we wrap up our week-long celebration of Earth Day with insightful articles focusing on various aspects of plastic pollution, this final article focuses on how the courts are being asked to step into ring and referee the...more

Let’s Get Ready to Rumble—Earth Day 2024–Planet versus Plastics

As we kick off Earth Day 2024, we look to this year’s Earth Day theme–“Planet versus Plastics.” Planet versus Plastics seeks to focus attention on the challenges that plastic pollution poses to the planet. In recognition of...more

EPA Drops First Set of UCMR 5 Data

U.S. EPA released the first set of data collected by public water systems (PWS) pursuant to the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5). UCMR 5 required PWS serving more than 10,000 customers to sample for 29...more

Avoiding Default and Streamlining NEPA—Can the Fiscal Responsibility Act of 2023 Accomplish Both Objectives?

Hiding in plain sight in the Fiscal Responsibility Act of 2023 (FRA)--which is intended to extend the nation’s debt limit into 2025 in order to avoid a federal default--are provisions that seek to amend the National...more

Embracing Environmental Justice Initiatives to Advance Corporate Objectives

Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more

Client Alert: Embracing Environmental Justice Initiatives to Advance Corporate Objectives

Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically...more

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

How Low Did U.S. EPA Go--U.S. EPA Issues Its Long-Awaited Draft PFAS Drinking Water Standards

Almost two years to the date after U.S. EPA issued its regulatory determination for contaminants on the forth Contaminant Candidate List, U.S. EPA has issued its draft rule setting drinking water limits for several PFAS...more

Maine Proposed Rule Provides Further Reporting Clarity for Products and Product Components Containing PFAS

On February 14, 2023, the Maine Department of Environmental Protection (MDEP) issued a proposed draft rule that provides guidance on reporting requirements and sales prohibitions for products and product components containing...more

PFAS in Consumer Products

Developing a Proactive and Strategic Game Plan - Per- and polyfluoroalkyl substances (PFAS) in consumer products continue to be in the regulatory and litigation spotlight in 2023. Manufacturers and downstream businesses...more

U.S. EPA Adopts Expanded Definition of PFAS on Its Drinking Water Contaminants List

On November 2, 2022, U.S. EPA released the pre-publication version of the fifth contaminant candidate list (CCL 5) containing 66 chemicals, 12 microbes, and three chemical groups (per- and polyfluoroalkyl substances (PFAS),...more

How Low Can You Go—U.S. EPA Attempts to Answer that Question With New PFAS Health Advisory Levels

U.S. EPA issued its long anticipated interim updated drinking water health advisories for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that replace previous U.S. EPA health advisories for these per-...more

U.S. EPA Updates Regional Screening Levels to Add Five New PFAS Chemicals

On May 18, 2022, U.S. EPA updated its Regional Screening Level tables to include five new per- and polyfluoroalkyl substances (PFAS). The five new PFAS compounds added to the RSL tables are hexafluoropropylene oxide dimer...more

“Silent Spring” and the Life Cycle of Emerging Contaminants

On the 60th anniversary of the publication of Rachel Carlson’s groundbreaking book “Silent Spring”, the world continues to struggle to manage the human health and environmental risks associated with newly discovered emerging...more

U.S. EPA’s Addition of 1-BP to CERCLA Hazardous Substance List Likely Precursor to Similar Actions on PFAS

On April 8, 2022, U.S. EPA added the industrial solvent 1-bromopropane (1-BP) to its list of CERCLA hazardous substances; this listing was triggered by U.S. EPA’s decision to add 1-BP to the Clean Air Act’s list of hazardous...more

U.S. EPA Releases “ECHO Notify” to Increase Public Awareness of Enforcement Related Information

On March 22, 2022, U.S. EPA released a new web tool designed to ensure that information regarding environmental violations and enforcement actions is more readily available to the public. The new tool, called ECHO Notify,...more

U.S. EPA Announces Plan to Tighten PFAS Reporting Requirements

In connection with the release of its 2020 Toxics Release Inventory (TRI) National Analysis that evidenced a 10% decline in environmental releases of TRI chemicals between 2019 and 2020, U.S. EPA announced that it intends to...more

Heightened Risk to the Regulated Community: U.S. EPA Overfiling

In what could portend significant risk to the regulated community, a recent “overfiling” by U.S. EPA in connection with a Clean Air Act (CAA) settlement between the Louisiana Department of Environmental Quality (LDEQ) and a...more

PFOA and PFAS Take Another Step Towards Becoming Full-Fledged Members of the CERCLA Family of Hazardous Substances

On January 10, 2022, U.S. EPA forwarded to the White House Office of Management and Budget (OMB) a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous...more

U.S. EPA Finalizes Fifth UCMR—PFAS Remain in the Regulatory Bullseye

On December 20, 2021, U.S. EPA finalized its Fifth Unregulated Contaminant Monitoring Rule (UCMR) that will require public water systems (PWS) to collect monitoring data for 29 per- and polyfluoroalkyl substances (PFAS) and...more

U.S. EPA Releases its PFAS Strategic Roadmap

On Monday, October 18, 2021, U.S. EPA released its PFAS Strategic Roadmap (Roadmap) outlining the agency’s three-year strategy for addressing per- and polyfluoroalkyl substances (PFAS). The Roadmap acknowledges that U.S. EPA...more

TSCA Articles Regulations—U.S. EPA Course Reversal?

In prepared remarks from U.S. EPA chemicals chief Michael Freedhoff that were presented at the Product Stewardship Society’s annual meeting, Freedhoff clearly articulated an intent by the Agency to reverse course and...more

PFAS Linked to Climate Change According to Environmental NGO

In the latest attack on per- and polyfluoroalkyl substances (PFAS), a recent report issued by the environmental group, Toxic-Free Future (TFF), seeks to link PFAS utilized in the manufacture of food packaging to the release...more

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