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Insights from decades of intense scrutiny of dioxins and PCBs in the environment, beginning in the 1960s, remain pertinent to our current challenges with PFAS. The lessons learned regarding detection and measurement,...more
The proposed rule would potentially usher in a future of broad testing for certain PFAS at New Jersey remediation sites....more
In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more
While the results of consumer products litigation surrounding PFAS have been uneven (see prior blog posts), a new type of claimant may be emerging based on a recent claim filed by a Georgia-based carpet manufacturer against...more
On November 14, 2024, EPA issued its third annual progress report on its PFAS Roadmap reporting on the agency’s three years of progress against its overarching goals of restrict, remediate, and research PFAS. The...more
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
On August 28, the New Jersey Department of Environmental Protection (NJDEP) issued a “Per- and Polyfluoroalkyl Substances (PFAS) Sampling Fact Sheet” (Fact Sheet), setting forth several considerations for persons responsible...more
The Arkansas Water Resources Center (“AWRC”) announced in its June 28th Research Bulletin that six projects are to receive seed funding from its 104(b) base grant in 2024. AWRC states that the projects will be conducted...more
Facing bellwether trials in the Aqueous Film Forming Foam (AFFF) multi-district litigation (MDL) later this year for claims brought by public water systems due to the alleged per- and polyfluoroalkyl substances (PFAS)...more
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
U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact...more
On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more
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
Typically, final remediation documents (no-further-action letters, response action outcomes, and the like) signal the end of remediation at a contaminated site. Upon receipt of the documents, responsible parties can often...more
Yesterday, I spoke with Sarah Mattalian, an Inside EPA reporter writing a story about the suggestion by an EPA official that EPA might require additional PFAS investigations and clean up at properties that had already been...more
Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more
In the absence of binding federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for site...more
Per- and polyfluoroalkyl (PFAS) pollution has presented challenges to companies, governments and landowners worldwide. However, a recent study conducted by researchers at Northern Michigan University discovered a possible...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
New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more
As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more
The Washington State Department of Ecology (“WSDE”) issued a December 2022 document titled: Draft Guidance for Investigating and Remediating PFAS Contamination in Washington State (“Guidance”)...more
The New Jersey Department of Environmental Protection posted interim soil remediation standards for several per- and polyfluoroalkyl substances (collectively PFAS) to include perfluoro nonanoic acid (PFNA), perfluorooctanoic...more
To continue combating environmental contamination, the New Jersey Department of Environmental Protection (NJDEP) issued new regulations this week, which take immediate effect for four Per- and polyfluoroalkyl substances...more