News & Analysis as of

Chemicals PFAS Comprehensive Environmental Response, Compensation and Liability Act

Moore & Van Allen PLLC

Implications of PFAS CERCLA liability for the commercial real estate industry

Moore & Van Allen PLLC on

What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and...more

Bergeson & Campbell, P.C.

EPA Holds Webinar on “Reducing PFAS in Products: Progress and Challenges”

On May 8, 2024, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) held a webinar on “Reducing PFAS in Products: Progress and Challenges.” The webinar was the third in...more

Kelley Drye & Warren LLP

PFAS Phase-out Bill Introduced in United States Congress

Supreme Court Justice Louis Brandeis once opined that ​“a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”...more

Jenner & Block

Environmental Regulations to Watch in 2024

Jenner & Block on

Several federal agencies, including the United States Environmental Protection Agency, Federal Trade Commission, Department of the Interior, and Securities and Exchange Commission, have a slew of pending environmental...more

Mintz

This is NOT a drill! EPA is going to require billions of dollars of PFAS remediation in many places, including at already "closed"...

Mintz on

Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2023

TSCA/FIFRA/TRI - EPA’s Spring 2023 Unified Agenda Includes TSCA, TRI, And PFAS Rulemakings: The U.S. Environmental Protection Agency’s (EPA) spring 2023 Unified Agenda, published on June 13, 2023, includes a number of...more

Bergeson & Campbell, P.C.

Senate and House Subcommittees Hold Additional Hearings on EPA’s FY 2024 Budget Request

On May 3, 2023, the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies held a hearing on “A Review of the President’s Fiscal Year 2024 Budget Request for the Environmental Protection Agency.” On...more

Bergeson & Campbell, P.C.

EPA Publishes ANPRM Seeking Information to Assist in Consideration of Future CERCLA Regulations Regarding PFAS

The U.S. Environmental Protection Agency (EPA) published an advance notice of proposed rulemaking (ANPRM) on April 13, 2023, seeking information to assist in the consideration of potential development of future regulations...more

Best Best & Krieger LLP

U.S. Environmental Protection Agency Proposes New Primary Drinking Water Regulations for Six Forever Chemicals

Regulation Would Apply to PFOA, PFOS, GenX, PFBS, PFHxS, and PFNA - On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed new primary drinking water regulations for six of the most common per- and...more

Saul Ewing LLP

All Appropriate Inquiry Rule Amendment - ASTM Standard to Use

Saul Ewing LLP on

On December 15, 2022, the United States Environmental Protection Agency (USEPA) published the final amendment to the All Appropriate Inquiry Rule (40 CFR Part 312) (AAI Rule) that establishes the environmental due diligence...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2022

TSCA/FIFRA/TRI - ARTICLE -- Lynn L. Bergeson And Richard E. Engler, Ph.D. Author “Optimizing The Toxic Substances Control Act To Achieve Greener Chemicals,” For ABA’s NR&E Magazine: TSCA offers tremendous unrealized...more

K&L Gates LLP

EPA Designates PFAS Chemicals As Hazardous Substances in Newly Proposed CERCLA Regulations

K&L Gates LLP on

On Friday, 26 August 2022, the U.S. Environmental Protection Agency (EPA) moved forward with a proposed rulemaking regarding how certain PFAS chemicals will be regulated in the future. EPA announced plans to regulate certain...more

Lippes Mathias LLP

EPA Ushers in New ASTM Phase I ESA Standards

Lippes Mathias LLP on

On March 14, 2022, the U.S. Environmental Protection Agency issued a direct final rule approving the American Society for Testing and Materials (ASTM) International Standard E1527-21 for Phase I environmental site assessments...more

Davis Wright Tremaine LLP

CA Ban of PFAS-Containing Firefighting Foam Begins Jan. 1, 2022

In recent years, "forever chemicals," otherwise known as PFAS, have been extensively discussed in the scientific community and reported on by the media. And as the notoriety of PFAS grows, regulation of these widespread...more

Pillsbury Winthrop Shaw Pittman LLP

Information Requests and Subpoenas for PFAS Likely to Increase, as Biden Administration Ramps Up Regulation of PFAS

What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS - Federal and state governments use information requests and subpoenas to gather information about a business’s...more

Husch Blackwell LLP

PFAS – Regulation Is Upon Us

Husch Blackwell LLP on

On January 14, 2021, on the eve of President Biden’s inauguration, EPA issued an advance notice of proposed rulemaking, seeking comment on whether PFOA and PFOS should be regulated under the Comprehensive Environmental...more

White and Williams LLP

The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also...more

Vinson & Elkins LLP

Navigating The Transition: Key Chemicals Industry Issues To Watch In The Biden Administration

Vinson & Elkins LLP on

While news stories and campaign rhetoric can frequently create expectations of immediate shifts after a change in administration, most changes happen slowly in the federal government, and constraints on resources means that...more

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