PFAS in Focus: Forever-Engineering With Trent Stober, HDR - Reflections on Water Podcast
On-Demand Webinar | Flood or Drought? A Discussion of the Election’s Potential Legislative Impacts on the Water Sector
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Water Rights with Eric Garner: Prescriptive Rights
Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses how...more
The Environmental Protection Agency’s (EPA) recent rulemakings for per- and polyfluoroalkyl substances (PFAS) have far-reaching implications for a broad range of industries, regulated entities, and regulatory bodies. First,...more
On Friday, April 26, 2024, Michigan Supreme Court Justices accepted a briefing from the Homebuilders Association of Michigan in support of a manufacturer’s challenge to the State’s maximum containment levels for certain per-...more
Much has been written, including in our Burns & Levinson Legal Terrain Blog, about the impact of PFAS and similar “forever chemicals” on suits by state attorneys general and private actions to obtain funds or obtain insurance...more
On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more
Last Friday, EPA formally designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – including their salts and structural isomers! – as hazardous substances under CERCLA. I cannot really quarrel with...more
On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more
On Friday, April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its Final Rule (the Rule) designating two widely used per- and polyfluoroalkyl substances (PFAS) –...more
Yet another new horizon looms for PFAS litigation. Numerous PFAS claims, like those involving deceptive trade practices due to PFAS in food packaging, seldom withstand a motion to dismiss, but the emergence of a novel...more
On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from...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
We have probably already read (and written) too much about the challenges of dealing with “forever chemicals” in drinking water and wastewater treatment. However, recent developments hold some hope for addressing forever...more
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (“Corps”) on Tuesday released a new rule that reduces the number of federally protected waters by more than half following a Supreme Court...more
New PFAS threshold values applicable to soil testing will start on August 1, 2023. PFAS (per- and polyfluoroalkyl substances) constitute a group of thousands of synthetic chemicals that are widely used in various consumer...more
On June 5, 2023, the New Jersey Department of Environmental Protection (NJDEP) published in the New Jersey Register that effective immediately, the NJDEP has enacted interim groundwater, migration to groundwater, and soil...more
Earlier this week, the U.S. Environmental Protection Agency issued a Notice of Proposed Rulemaking titled, PFAS National Primary Drinking Water Regulation Rulemaking. ...more
On March 14, 2023, EPA proposed to regulate certain PFAS under the Safe Drinking Water Act. EPA proposed Maximum Contaminant Level Goals for PFOA and PFOS of zero. It proposed Maximum Contaminant Levels for PFOA and PFOS of...more
Two bills introduced in the Massachusetts legislature would ban nearly all products containing intentionally added PFAS sold or distributed in the Commonwealth by 2030, with some categories of products banned by 2026. The...more
Aqueous film forming foam (AFFF) that contain PFAS was, and in some cases still is, an effective tool for fighting fires used by the military and local firefighters to contain and control fuel-fed fires....more
We have added state soil regulations to our PFAS maps. The regulations include direct contact and leaching regulations. State drinking water, surface water, groundwater regulation criteria, fish tissue consumption...more
In mid-December 2022, the Washington Department of Ecology (Ecology) released Draft Guidance for Investigating and Remediating PFAS Contamination in Washington State. The Draft Guidance would apply to independent...more
On November 15, 2022, in response to a challenge by 3M, the Michigan Court of Claims invalidated the drinking water MCLs and attendant groundwater standards for several PFAS substances, including PFOA (8 parts per trillion,...more
The Illinois Pollution Control Board is currently considering proposed amendments to the Illinois Part 620 groundwater regulations that would establish the first enforceable PFAS standards under Illinois law. The rulemaking...more
State drinking water, surface water, groundwater regulation criteria, and now fish tissue consumption advisories, are all in one place—through an easy-to-use, interactive map. Regulations on per- and polyfluoroalkyl...more