On May 1, 2024, Colorado governor Jared Polis signed SB-81, a bill entitled the "Perfluoroalkyl and Polyfluoroalkyl Consumer Protection Act." As discussed below, this bill expands Colorado’s existing restrictions on the use...more
On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
4/29/2024
/ CERCLA ,
Contamination ,
Department of Transportation (DOT) ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Potentially Responsible Party (PRP) ,
Reporting Requirements ,
Site Remediation ,
Toxic Chemicals ,
Wastewater
On April 10, 2024, the United States Environmental Protection Agency (“EPA”) issued its long-anticipated National Primary Drinking Water Regulation (“NPDWR”) establishing Maximum Contaminant Levels (“MCLs”) for certain PFAS...more
As expected, 2023 was an expansive year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took (or at least proposed)...more
2/8/2024
/ CERCLA ,
Clean Water Act ,
Contaminated Properties ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Standards ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Water Supplies
In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”) – for the time being anyway - many states have regulated PFAS compounds in drinking water. The result is a...more
1/17/2024
/ Contamination ,
Data Collection ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Proposed Rules ,
Public Comment ,
Regulatory Standards ,
State Regulators ,
Toxic Chemicals ,
Water Supplies
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
Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
On September 28, 2023, the United States Environmental Protection Agency (“EPA”) issued a pre-publication rule for reporting and recordkeeping requirements regarding per- and polyfluoroalkyl substances (“PFAS”) under the...more
10/6/2023
/ Commercial Use ,
Compliance ,
Contamination ,
Discharge of Pollutants ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Imports ,
Look-Back Measurement Period ,
Manufacturers ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
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
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
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
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
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
The United States Environmental Protection Agency (“EPA”) recently added the following five PFAS substances to the list of risk-based Regional Screening Levels (“RSL”) for Chemical Contaminants at Superfund Sites: ...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...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
33 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’ clothing...more
New York regulates per- and polyfluoroalkyl substances (“PFAS”) in drinking water, consumer products, firefighting foam, Personal Protective Equipment (“PPE”), and recently proposed the regulation of PFAS in air emissions. ...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
Minnesota is one of several states that has started regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water and consumer products. This client alert reflects the status of PFAS regulations in Minnesota as of...more
Vermont is one of several states that has started regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water, groundwater, and consumer products. This client alert reflects the status of PFAS regulations in...more
PFAS are currently the subject of significant regulatory action, research, litigation, and public debate based on recent reports which claim that two PFAS, Perfluorooctanoic Acid (“PFOA”) and Perfluorooctane Sulfonate...more