News & Analysis as of

Department of Defense (DOD) PFAS

Pillsbury Winthrop Shaw Pittman LLP

Bipartisan Legislation Presents Opportunity for Passing PFAS Laws

On September 19, the Senate Armed Services Chairman released the final Manager’s Amendment for the National Defense Authorization Act (NDAA)—signaling that it is now time for the House and Senate to negotiate this “must-pass”...more

Venable LLP

New U.S. Chamber of Commerce Report Examines Impacts of Widespread PFAS Bans on the Economy and Daily American Lives

Venable LLP on

Debates about the health and environmental effects of PFAS are raging, but the societal value of these substances – particularly so-called “fluoropolymers” – has become increasingly clear. Most recently, the U.S. Chamber of...more

Holland & Knight LLP

FAA Reauthorization Act Creates PFAS Replacement Program for Airports

Holland & Knight LLP on

President Joe Biden signed the bipartisan, bicameral Federal Aviation Administration Reauthorization Act of 2024 into law on May 16, 2024, extending many old provisions as well as creating new policy. One new provision is...more

Pierce Atwood LLP

PFAS in Maine: Legislature Amends the PFAS in Products Law

Pierce Atwood LLP on

On April 16, 2024, Maine Governor Janet Mills signed into law significant amendments to the PFAS in Products Law. Initially passed in 2021, the PFAS in Products Law required manufacturers of products with intentionally added...more

Bergeson & Campbell, P.C.

GAO Examines DOD Efforts to Address PFAS Contamination at Joint Base Pearl Harbor-Hickam

The U.S. Government Accountability Office (GAO) published a report on April 15, 2024, entitled “Persistent Chemicals: Navy Efforts to Address PFAS at Joint Base Pearl Harbor-Hickam.” GAO states that it was asked to examine...more

MG+M The Law Firm

The Complexity of Finding a Balanced Approach in PFAS Legislation

MG+M The Law Firm on

Across the United States, there has been a concerted effort to confront the pervasive issue of per- and polyfluoroalkyl substances (PFAS) through legislative measures that ban the use and/or sale of PFAS-containing products...more

Flaster Greenberg PC

PFAS – State Law Passed in New Jersey

Flaster Greenberg PC on

On January 8, 2024, New Jersey Governor Phil Murphy signed into law P.L. 2023, c. 243 (A4125/ S2712). With certain industry exceptions not presently relevant (for example, oil refineries and petroleum terminals), and...more

Mintz

My Mom would say that, when it comes to PFAS, the Judicial Panel on Multi District Litigation's eyes were bigger than its stomach!

Mintz on

A little over five years ago, the Judicial Panel on Multidistrict Litigation gave Federal Judge Richard Gergel of South Carolina the burden of disposing of any cases “alleg[ing] that AFFF products used at airports, military...more

Mintz

The DoD has played a card that only it has in the AFFF litigation but it won't get it out of PFAS purgatory

Mintz on

Lara Beaven, of Inside PFAS Policy, has an excellent report on the Defense Department's motion to dismiss claims for injunctive relief against the military in the AFFF multi-district litigation continuing before Federal...more

Akin Gump Strauss Hauer & Feld LLP

Fluoropolymer Focus

As federal and state governments race to regulate a class of chemicals known as per- and polyfluoroalkyl substances (PFAS), their broad efforts sweep in thousands of individual chemicals—from those for which scientific...more

Wiley Rein LLP

PFAS and NDAA 2024

Wiley Rein LLP on

We took a look at the 2024 NDAA with respect to PFAS, since Congress has a track record of passing substantive provisions to require EPA to regulate PFAS in prior NDAA legislation. Although not as consequential as the 2020...more

Holland & Knight LLP

Continuing an Annual Tradition, the NDAA Contains PFAS Provisions of Note

Holland & Knight LLP on

The 2024 National Defense Authorization Act (NDAA) (H.R. 2670), which authorizes expenditures for the U.S. Department of Defense (DOD or Department), passed the House of Representatives on Dec. 14, 2023, and is headed to...more

BCLP

PFAS in Firefighting Foam (AFFF) and Equipment: State-by-state Regulations - Updated: December 2023

BCLP on

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

MG+M The Law Firm

First Synthetic Fluorine-Free Firefighting Foam Added to US Department of Defense's Qualified Products List

MG+M The Law Firm on

Recently, the US Department of Defense (DOD) added a fluorine-free firefighting foam to its Qualified Products List (QPL). This new Synthetic Fluorine-Free Foam (SFFF) is the first of its kind to be added to DOD’s QPL, and...more

Lowenstein Sandler LLP

USEPA Drills Down on Industry-Specific PFAS Issues and Progresses to Broader PFAS Regulation

For some time now, the U.S. Environmental Protection Agency (USEPA) has been evaluating several industrial point sources for discharges of per- and polyfluoroalkyl substances (PFAS) in wastewater and leachate. On January 31,...more

Flaster Greenberg PC

Recent New PFAS Information of Relevance to Airports and Other Property Owners

Flaster Greenberg PC on

There have been numerous stories recently about a category of so-called “forever chemicals” known simply as “PFAS”, which are otherwise more scientifically referred to as per-and polyfluoroalkyl substances. Unlike many other...more

Husch Blackwell LLP

PFAS and Federal Contracting: What Contractors Should Know and Why

Husch Blackwell LLP on

Per- and polyfluoroalkyl substances, commonly known as PFAS, are long-lasting chemicals that are quickly gaining notoriety for both their persistence in the environment and their ubiquity in water, air, and soil. Developed in...more

Fox Rothschild LLP

State Enforcement Against the Federal Government, Part 2

Fox Rothschild LLP on

Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more

MG+M The Law Firm

US House Passes Legislation Requiring Extensive Reporting of PFAS by Department of Defense

MG+M The Law Firm on

Every year, the federal government passes the National Defense Authorization Act, allocating the budget for the Department of Defense (DoD). In this year’s bill, the US House of Representatives voted to require the DoD to...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Announces Stringent New Health Advisory Levels for Four PFAS Chemicals

New federal health advisory levels for per- and polyfluoroalkyl substances reflect added stringency of PFAS regulation and raise concerns about effective monitoring. The Biden Administration’s EPA continues its push to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Mexico Environment Department Request for Information: Scientific Findings/Available Technology Related to PFAS-Contaminated...

The New Mexico Environment Department (“NMED”) issued a May 19th Request for Information (“RFI”) addressing: Scientific Findings and Available Technology Related to PFAS-Contaminated Livestock and Disposal and/or...more

King & Spalding

Senate Environment & Public Works Committee Signals PFAS Legislation to Come

King & Spalding on

In December 2021, Chairman of the Senate Environment & Public Works Committee, Tom Carper, told the Department of Defense that the Committee was working on a “legislative package to address PFAS contamination—building off of...more

BCLP

PFAS Update: State Regulation of PFAS in Firefighting Foam and Equipment

BCLP on

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

BCLP

PFAS Update: A Retrospective on Federal PFAS Regulation in 2021

BCLP on

As anticipated, 2021 was an eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. BCLP has highlighted the key developments in this document, but this is not intended to be a...more

Morgan Lewis

US Government Presses on with PFAS Regulation

Morgan Lewis on

The US government took another step toward further regulation of per- and polyfluoroalkyl substances (PFAS) on December 15 with the US Senate passing the National Defense Authorization Act for Fiscal Year 2022 by a vote of...more

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