News & Analysis as of

PFAS Environmental Protection Agency (EPA) Department of Defense (DOD)

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

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

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

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

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

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

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

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: 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

Fox Rothschild LLP

EPA Publishes Draft PFAS Analytical Method for Array of Environmental Media

Fox Rothschild LLP on

This past August, EPA published Draft Method 1633 – Analysis of Per- and Polyfluoroalkyl Substances (“PFAS”) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS. Once, finalized, this single laboratory validated...more

Lathrop GPM

Biden Administration Unveils Strategic Roadmap to Address PFAS

Lathrop GPM on

Earlier this week, the Biden Administration announced a monumental plan to address impacts stemming from per- and polyfluoroalkyl compounds (PFAS). While the announcement details the ongoing and future efforts of eight...more

Stinson LLP

Now is the Time to Evaluate PFAS Liability

Stinson LLP on

If your organization has not already started thinking about PFAS (per- and polyfluoroalkyl substances), there's no time like the present. PFAS refers to a family of man-made, environmentally persistent chemicals (often...more

Robinson+Cole Environmental Law +

EPA Expands PFAS Testing Methods: Soil, Wastewater, and Groundwater

September 2, 2021, the Environmental Protection Agency (EPA), in collaboration with the Department of Defense (DOD), released the first EPA-validated laboratory analytical method to test for per- and polyfluoroalkyl...more

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

PFAS/RCRA: New Mexico Petitions U.S. Environmental Protection Agency to Initiate Hazardous Waste Listing

The State of New Mexico submitted a June 23rd Petition to the United States Environmental Protection Agency (“EPA”) requesting a listing of per and polyfluorinated substances (“PFAS”) as a Resource Conservation and Recovery...more

Holland & Hart LLP

EPA Issues Interim Guidance on PFAS Destruction and Disposal

Holland & Hart LLP on

On December 18, 2020, EPA released for public comment its new Interim Guidance on Destroying and Disposing of Certain PFAS and PFAS-Containing Materials That Are Not Consumer Products (available here). Specifically, the new...more

Sullivan & Worcester

PFAS in Firefighting Foam Has Contaminated Water Resources on Military Bases and in Surrounding Communities

Sullivan & Worcester on

Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are found in firefighting foam used by the military since the 1970’s for training exercises and to extinguish liquid and gas fires. These compounds are part...more

Fox Rothschild LLP

Your Mission, Should You Choose To Accept It…: The “Innovative Ways To Destroy PFAS Challenge”

Fox Rothschild LLP on

In July 2020, we posted on takeback disposal options for some PFAS-containing firefighting foams, with a caveat about recent actions taken by the New York State Department of Environmental Conservation (NYDEC) to suspend...more

King & Spalding

PFAS Update - States Continue to Move Ahead

King & Spalding on

It’s hard to find a relevant regulatory agency in the United States that isn’t regulating per- and poly-fluorinated alkyl substances (PFAS). EPA describes PFAS presence in the environment as “one of the most pressing issues...more

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