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Toxic Chemicals

Alston & Bird

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more

Goldberg Segalla

Illinois Supreme Court to Decide Whether Ethylene Oxide Emissions Qualify as Traditional Environmental Pollution

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The question of whether ethylene oxide emissions constitute traditional environmental pollution for the purpose of interpreting commercial general liability pollution exclusions remains unsettled in many jurisdictions across...more

ArentFox Schiff

Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

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Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available”...more

Foley & Lardner LLP

Prop 65: Changes to Short-Form Warnings Will Cause Long-Term Impacts

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The California Office of Environmental Health Hazard Assessment (OEHHA) recently amended its regulations concerning requirements for consumer product warnings to qualify for “safe harbor” protection from enforcement actions...more

Kelley Drye & Warren LLP

Minnesota Proposes Rules for Reporting PFAS-Containing Products by January 2026

On April 21, 2025, the Minnesota Pollution Control Agency (“MPCA” or ​“the Agency”) released proposed rules that if finalized would help effectuate the Gopher State’s ban on per- and polyfluoroalkyl substances (“PFAS”) in...more

Holland & Knight LLP

Is It Time to Reconsider What Can Realistically Be Done About PFAS?

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Inside EPA is reporting that the Association of State Drinking Water Administrators (ASDWA) and New England Interstate Water Pollution Control Commission (NEIWPCC), among others, are complaining that the U.S. Environmental...more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA Seeks To Remove Petroleum-Based Dyes From US Food Supply

On April 22, 2025, Secretary of Health and Human Services Robert F. Kennedy Jr. and Commissioner of the Food and Drug Administration (FDA) Dr. Martin Makary announced that FDA is taking actions to remove petroleum-based dyes...more

Beveridge & Diamond PC

Minnesota Pollution Control Agency Releases Proposed Reporting Rule for PFAS in Products

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The Minnesota Pollution Control Agency (MPCA) is seeking comment on a first-of-its-kind proposed rule that will require manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) to...more

Paul Hastings LLP

New Mexico Passes Comprehensive Ban on PFAS in Products

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On April 8, 2025, New Mexico became the third state to sign into law a comprehensive ban on the use of intentionally added per- and polyfluoroalkyl substances (PFAS) in consumer and commercial products: the “Per- and...more

Integral Consulting Inc.

Dermal Wipe Sampling for Semivolatile and Nonvolatile Flame Retardants

The U.S. Toxic Substances Control Act (TSCA) plays a critical role in regulating chemicals to safeguard human health and the environment. Its 2016 amendment expanded the U.S. Environmental Protection Agency’s (EPA's)...more

ArentFox Schiff

EPA Considering Rule That Could Eventually Preempt State Bans on PFAS

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According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain...more

Farella Braun + Martel LLP

California Legislation Banning Wide Range of PFAS-Containing Products (SB 682) Moves Forward in Senate Committees

The California Senate’s Environmental Quality Committee recently passed, as amended, SB 682, and referred the bill to the Senate Committee on Health for a further hearing. If ultimately enacted as law, SB 682 would result in...more

Searcy Denney Scarola Barnhart & Shipley

Does Strict Liability Apply When You’re Injured by Exposure to Toxic Chemicals?

It is becoming almost impossible to avoid being exposed to multiple different chemicals on a daily basis. Companies use them to make their environments look and smell cleaner, to keep pests away, and to save time in...more

DLA Piper

Maine DEP Extends CUU Designations by Two Years Under PFAS in Products Law

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As discussed in our prior alert, Maine’s Department of Environmental Protection (DEP) published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per-...more

Goldberg Segalla

California Bill Expands Definition of ‘Intentionally Added PFAS’

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Our blog has reported previously on California PFAS regulations, including its watershed laws with novel definitions of PFAS and the noted problems with the total organic fluorine testing method. (Prior CA blog posts on...more

MG+M The Law Firm

Regulating Risk: EPA's TSCA Rule Under Review

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In a consequential policy shift, the US Environmental Protection Agency (EPA) under the Trump administration announced its intent to reevaluate a cornerstone of modern chemical regulation: the risk evaluation framework rule...more

Keller and Heckman LLP

March 2025 Bounty Hunter Plaintiff Claims

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California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more

MG+M The Law Firm

Masks on for Spring Cleaning: New Study Reveals Household Dust may be an Additional PFAS Exposure Source

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A new study from the North Carolina State University’s GenX Exposure Study has detected airborne “forever chemicals” in everyday household dust in communities along the Cape Fear River Basin, North Carolina area. These...more

Bergeson & Campbell, P.C.

EPA Postpones Effective Date of Certain Provisions of TCE Risk Management Rule to June 20, 2025

On April 2, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is postponing the effectiveness of certain provisions of its December 17, 2024, final risk management rule for trichloroethylene (TCE) until...more

Morgan Lewis

TCE Rule Takes Effect but Ultimate Fate Is Still Unknown

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The US Environmental Protection Agency’s final rule to regulate trichloroethylene recently went into effect, triggering compliance deadlines for implementing the prohibition and Workplace Chemical Protection Programs even...more

BCLP

New Mexico Bans Certain PFAS in Consumer Products

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On April 8, 2025, the Governor of New Mexico, Lujan Grisham, signed HB 212 prohibiting certain PFAS substances in various consumer products. This bill (now enacted into law) establishes on specific product categories...more

Beveridge & Diamond PC

New Mexico Becomes Third U.S. State to Prohibit PFAS in Products

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This alert was originally published on March 25, 2025, and has been revised based on recent developments. In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material...more

Greenberg Glusker LLP

Paper Problems: BPS in Thermal Receipts Triggers Prop. 65 NOVs

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California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more

Wenning Environmental

Lessons From Dioxins And PCBS Inform Smarter PFAS Site Investigations

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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

Bergeson & Campbell, P.C.

Maine Board Approves Motion to Adopt Rule on PFAS in Products; CUU Proposals for Products Prohibited as of January 1, 2026, Are...

As reported in our April 1, 2025, blog item, the Maine Board of Environmental Protection (MBEP) was scheduled to consider the Maine Department of Environmental Protection’s (MDEP) December 2024 proposed rule regarding...more

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