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EPA Requests Additional 30-Day Abeyance in PFAS Drinking Water Rule Litigation

On April 8, 2025, the U.S. Environmental Protection Agency (EPA) requested the U.S. Court of Appeals for the D.C. Circuit extend the abeyance in the challenge to EPA’s Final Rule establishing PFAS MCLs. The petitioners and...more

Litigation Over PFAS MCLs on Hold for Now

A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision,...more

Briefing Underway in Challenge to Maximum Contaminant Limits (MCLs) for PFAS in Drinking Water

Petitioners filed their opening briefs in the consolidated challenge to the Environmental Protection Agency’s (“EPA’s”) Final Rule establishing Maximum Contaminant Levels (“MCLs”) and Maximum Contaminant Level Goals (“MCLGs”)...more

New Jersey Regulates Intoxicating Hemp Products

Businesses selling intoxicating hemp products in New Jersey without a cannabis license could soon face significant fines. Governor Phil Murphy signed Senate Bill No. 3235 on Sept. 12, 2024, regulating intoxicating hemp...more

EPA Extends TSCA Section 8(a)(7) Reporting Deadline

On September 5, 2024, the U.S. Environmental Protection Agency (EPA) announced an 8-month extension of EPA’s final reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7)...more

Third Circuit Dismisses Chemours Appeal of EPA’s HALs

The U.S. Court of Appeals for the Third Circuit dismissed a petition filed by The Chemours Company FC, LLC (“Chemours”) challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of...more

The Impact of Chevron’s Demise on the Regulation of PFAS

On June 28, 2024, in its decision in Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Supreme Court held that its longstanding precedent granting deference to administrative agencies established in the 1984...more

New Deadlines for Phase One Class Members in the AFFF Multi-District Litigation

The U.S. District Court for the District of South Carolina approved two major settlements in the multidistrict litigation (“MDL”) that consolidated thousands of cases related to per- and polyfluoroalkyl substances (“PFAS”)...more

Fifth Circuit Vacates EPA’s Orders Regulating PFAS under Significant New Use Rule

The Fifth Circuit issued a decision vacating two EPA orders directing Inhance Technologies (Inhance) to close its barrier technology facilities. As its basis for issuing the orders, EPA had identified Inhance’s fluorination...more

California’s Climate Accountability Package: What You Need To Know

California Governor Gavin Newsom recently signed into law two core bills of the state's “Climate Accountability Package, Senate Bill 253 (SB 253) and Senate Bill 261 (SB 261). As they currently stand, these laws impose...more

Briefing Complete in Chemours’s Challenge to EPA’s GenX Health Advisory Level

As previously reported, The Chemours Company FC, LLC (“Chemours”) challenged the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX, in the U.S....more

Briefing Continues in Chemours’s Challenge to EPA’s GenX Health Advisory Level

As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

Court of Appeals Dismisses Challenge to EPA’s Interim HALs for PFOA and PFOS

On January 23, 2023, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s motion to dismiss a petition filed by the American Chemistry Council (“ACC”) challenging EPA’s interim...more

National Drinking Water Regulation Proposal May Be Pushed to 2023

Those anticipating the EPA’s promised end-of-year drinking water regulations may have to wait for the new year. Per EPA’s rulemaking webpage, the agency’s anticipated notice of proposed rulemaking (NPRM) for national primary...more

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