News & Analysis as of

Manufacturers PFAS Toxic Chemicals

Oberheiden P.C.

Everything You Need to Know About PFAS Lawsuits Over Forever Chemicals

Oberheiden P.C. on

Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions of dollars, and that has...more

Pillsbury - PFAS Observer

EPA Issues Eight-Month Delay of the Reporting Period for the PFAS Reporting Rule under TSCA Section 8(a)(7)

On September 5, the U.S. Environmental Protection Agency (EPA) cut industry a significant break by postponing the reporting period for the one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section...more

Beveridge & Diamond PC

EPA Announces 8-Month Delay in Submission Window for TSCA PFAS Reporting Rule

The U.S. Environmental Protection Agency (EPA) is modifying the Toxic Substances Control Act (TSCA) regulation imposing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (the Rule) to...more

Kelley Drye & Warren LLP

EPA Delays TSCA PFAS Reporting Period Until July 2025

The U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) has announced that it is delaying the reporting period for its controversial per- and polyfluoroalkyl substances (“PFAS”) disclosure rule eight months, with...more

Shipman & Goodwin LLP

Required Historical PFAS Reporting Poses Risks Going Forward

Shipman & Goodwin LLP on

The U.S. Environmental Protection Agency recently established a one-time per- and polyfluoroalkyl substances reporting rule pursuant to the federal Toxic Substances Control Act. Pursuant to the rule, most companies that...more

Kelley Drye & Warren LLP

Minnesota Aims for Fall 2025 Release of PFAS Reporting System

As Maine struggles to develop a reporting system in the wake of the legislature’s overhaul of the Pine Tree State’s PFAS reporting requirements, the Minnesota Pollution Control Agency (“MPCA”) announced that it aims to begin...more

ArentFox Schiff

Manufacturers Fight Back on PFAS Litigation

ArentFox Schiff on

Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a...more

BakerHostetler

New State Laws Limiting the Use of PFAS in Consumer Products Continue to Proliferate

BakerHostetler on

Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more

Perkins Coie

PFAS[t] and Furious: Racing To Comply with the New Reporting Rule

Perkins Coie on

Back in 2023, the U.S. Environmental Protection Agency (EPA) issued a sweeping information-gathering rule under the Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) to report on per- and...more

BCLP

PFAS in Cookware: State-by-State Regulations

BCLP on

In the absence of comprehensive federal regulation of PFAS in cookware, states are enacting and proposing their own laws. Thus far, eight (8) states have enacted laws addressing PFAS substances in cookware and bakeware...more

Bergeson & Campbell, P.C.

Maine Seeks Comments on Concept Draft Language for PFAS in Products Rule

The Maine Department of Environmental Protection (MDEP) announced on August 5, 2024, that its Per- and Polyfluoroalkyl Substances (PFAS) in Products Program has developed new concept draft language to implement the recently...more

Shipman & Goodwin LLP

Back to the PFuture: Required Reporting of Historical PFAS Use Poses Risks Going Forward

Shipman & Goodwin LLP on

The U.S. Environmental Protection Agency (EPA) recently established a one-time per- and polyfluoroalkyl substances (PFAS) reporting rule pursuant to the federal Toxic Substances Control Act (TSCA)....more

Bennett Jones LLP

Federal Government Publishes Notice Requiring PFAS Information and Updates its Draft State of PFAS and Risk Management Scope...

Bennett Jones LLP on

On July 27, 2024, the Federal Government published a Notice with respect to certain per- and polyfluoroalkyl substances (PFAS) in the Canada Gazette under paragraph 71(1)(b) of Canadian Environmental Protection Act, 1999...more

Venable LLP

EPA Commences Proceedings to Investigate PFAS in Fluorinated Plastic Containers

Venable LLP on

Companies that manufacture, use, distribute, and dispose of fluorinated plastic containers should take note that the U.S. Environmental Protection Agency (EPA) recently granted a petition from several environmental groups...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting...more

Bergeson & Campbell, P.C.

PFAS – What to Know Now, and What to Expect

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or...more

Bergeson & Campbell, P.C.

EPA Grants TSCA Section 21 Petition Seeking Section 6 Rule Prohibiting Three PFAS Found in Fluorinated Plastic Containers

The U.S. Environmental Protection Agency (EPA) announced on July 11, 2024, that it granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA establish regulations under TSCA...more

Kelley Drye & Warren LLP

Rhode Island Joins the Fray, Banning PFAS in Numerous Consumer Goods; Pennsylvania Readies Bill in House

Joining the ranks of California, Maine, New York, Colorado, Minnesota, and Washington, Rhode Island has officially finalized a ban on the manufacture, sale, and distribution of numerous products (as well as Class B...more

Morrison & Foerster LLP

EPA May Now Pursue PFOS and PFOA Manufacturers and Users under CERCLA

Effective as of yesterday, July 8, 2024, two widely used per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are deemed hazardous substances under the Comprehensive...more

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

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The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more

BCLP

PFAS In Consumer Products: State-by-state Regulations - July 2024

BCLP on

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This...more

Beveridge & Diamond PC

Washington’s Department of Ecology Plans to Ban Formaldehyde Releasers from Cosmetics

Key Takeaways - What Happened: Washington’s Department of Ecology announced a rulemaking to implement the Toxic-Free Cosmetics Act....more

Jones Day

Mandatory Disclosure on "Forever Chemicals," PFAS, in One State Propagates Consumer Class Action in Another

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In what appears to be a new pathway for PFAS litigation, California plaintiffs recently filed a lawsuit against the manufacturer of BIC razors stemming from disclosures the company made under Maine's PFAS law, which were...more

Bergeson & Campbell, P.C.

Maine Amends Its PFAS Statute, Exempting Certain Product Categories from the Sales Prohibition and Eliminating the General...

On April 16, 2024, Governor Janet Mills (D) signed LD 1537, amending An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. On May 20, 2024, the Maine Department of Environmental Protection (MDEP) updated its...more

Bergeson & Campbell, P.C.

PEER and CEH File NOI to Sue EPA to Stop Manufacture and Distribution of PFAS in Fluorinated Containers

On May 20, 2024, the Public Employees for Environmental Responsibility (PEER) announced that on May 17, 2024, they filed a notice of intent to sue (NOI) the U.S. Environmental Protection Agency (EPA) “to stop the manufacture...more

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