News & Analysis as of

Hazardous Substances Comprehensive Environmental Response, Compensation and Liability Act Wastewater

Holland & Hart LLP

What's on Congress' PFAS Agenda?

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Federal legislative activity on PFAS is expected to pick up considerably as Congress comes closer to adjourning for the year. While it’s mid-May, there are only about 70 legislative days left before the end of the year, and...more

K&L Gates LLP

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

K&L Gates LLP on

On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

BCLP

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

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

Nossaman LLP

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

Nossaman LLP on

PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more

Snell & Wilmer

EPA opens the Door to Widespread Liability to Businesses

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EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more

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

PFOA/PFOS/CERCLA: U.S. Environmental Protection Agency Final Rule Designating as Hazardous Substances

The United States Environmental Protection Agency (“EPA”) issued a prepublication version of a Final Rule that would designate two of the Per-and polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response,...more

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

Pillsbury - PFAS Observer

Major PFAS Legislation Stalled Amid Debate on PFAS Liability for Passive Receivers

As in 2023, Congress continues to focus on PFAS issues in the first months of 2024. In this 118th Congress, at least 39 bills focused on PFAS have been introduced along with several dozen additional bills that tangentially...more

Holland & Knight LLP

2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

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2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more

BCLP

PFAS and Your Business: Screening for Risk

BCLP on

States across the country have been regulating per- and polyfluoroalkyl substances (“PFAS”) over the last few years. Recent actions taken by the United States Environmental Protection Agency (“EPA”) underscores that point:...more

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

PFOA/PFOS/CERCLA: U.S. Environmental Protection Agency Proposal to Designate as Hazardous Substances

The United States Environmental Protection Agency (“EPA”) issued a prepublication version of a proposed rule that would designate two of the per- and polyfluoroalkly substances (“PFAS”) as Comprehensive Environmental...more

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

PFAS/CERCLA Liability: Ten Water Sector Associations Request Exemption

Ten water sector associations sent an April 28th joint letter to key United States Senate and House of Representatives Committee Chairmen and Ranking Members seeking an exemption from the Comprehensive Environmental Response,...more

Foley & Lardner LLP

It’s Complicated: The Evolving Regulation of “Forever Chemicals” in Wisconsin

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For the past several years, the Wisconsin Department of Natural Resources (“WDNR”) has engaged in a multi-media effort to regulate the class of chemicals commonly referred to as “forever chemicals” in waters and soils in the...more

K&L Gates LLP

EPA and States Get Busy on PFAS Waste Regulation

K&L Gates LLP on

The Biden administration has prioritized regulating Per- and Polyfluoroalkyl Substances (PFAS), which are a class of fluorinated chemicals used in products as varied as food packaging and fire-fighting foams because they are...more

Nossaman LLP

Biden-Harris Administration Announces Updated Plan to Address PFAS Chemicals

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On October 18, 2021, the Biden-Harris administration announced an updated government-wide “comprehensive approach” to address per- and polyfluoroalkyl substances (PFAS), a set of man-made chemicals that are widely used in a...more

BCLP

PFAS Update: EPA’s Strategic Roadmap for PFAS

BCLP on

On October 18, 2021, the United States Environmental Protection Agency (“EPA”) unveiled its new plan to investigate and regulate PFAS compounds under a variety of federal environmental laws including the Comprehensive...more

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

Designation of PFAS as CERCLA Hazardous Substances/Wastewater - Drinking Water Utility Exemption: American Water Works Association...

The American Water Works Association (“AWWA”) sent a July 19th letter to the Chairman and Ranking Member of the United States House of Representatives Committee on Rules urging support for an amendment (“Amendment 18”) to the...more

Sullivan & Worcester

PFAS Update: August 2020

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There have been several recent developments involving PFAS regulation, most notably the Environmental Protection Agency’s (EPA) Significant New Use Rule (SNUR) for certain long-chain per- and polyfluoroalkyl compounds (PFAS)....more

Steptoe & Johnson PLLC

PFAS Legislation Aims to Impact Clean Water Utilities

Steptoe & Johnson PLLC on

The United States House of Representatives has passed per-and polyfluoroalkyl substances (“PFAS”) legislation as part of annual amendments to the National Defense Authorization Act (“NDAA”), H.R. 2500. Two last-minute...more

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