News & Analysis as of

Wastewater PFAS Contamination

K&L Gates LLP

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

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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

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?

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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

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

Burns & Levinson LLP

PFAS – Promising Developments

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We have probably already read (and written) too much about the challenges of dealing with “forever chemicals” in drinking water and wastewater treatment.  However, recent developments hold some hope for addressing forever...more

MG+M The Law Firm

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

MG+M The Law Firm on

A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more

McGlinchey Stafford

PFAS and the Clean Water Act: Considerations for Wastewater Treatment Plants

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The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more

McGlinchey Stafford

Contamination, PFAS, and the Cannabis Industry

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Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chemicals used in various industries, such as food packaging, cosmetics, and household products. More than 10,000 chemical substances can be classified as...more

Beveridge & Diamond PC

New Enforcement of PFAS Requirements in CWA NPDES Industrial Permit

The U.S. Environmental Protection Agency (EPA) continues to expand its toolbox for addressing PFAS constituents — this time, by branching out into Clean Water Act (CWA) enforcement of industrial permit effluent limitations....more

BCLP

PFAS Update: Proposed Federal Drinking Water Limits - EPA Goes Below and Beyond

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Last week, EPA issued its long-anticipated proposal for Maximum Contaminant Levels (“MCLs”) for certain PFAS compounds which, once finalized, will establish national limits for those compounds in drinking water. EPA has been...more

Nutter McClennen & Fish LLP

EPA Proposes New Rules on “Forever Chemicals” in Wastewater

On March 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced that it will seek to promulgate new rules for six per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” in public water...more

Harris Beach PLLC

EPA’s Latest PFAS Guidance Signals Source-based Permitting and Monitoring Strategy

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The Environmental Protection Agency (EPA) recently signaled a path forward on its roadmap to address PFAS contamination, something industry, water suppliers, and wastewater treatment operators, to name a few, have been...more

Mintz

Will one PFAS consequence be cities and towns getting out of the water business?

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Now that EPA has designated as "hazardous substances" at least two of the hundreds of "forever chemicals" known collectively as PFAS, does it make sense for the hundreds if not thousands of cities and towns across the country...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

Lathrop GPM

Biden Administration Unveils Strategic Roadmap to Address PFAS

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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

Vinson & Elkins LLP

EPA Takes Action on PFAS in Waste Water

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In September 2021, the Environmental Protection Agency (“EPA”) released its Preliminary Effluent Guidelines Program Plan 15 (“Preliminary Plan 15”) which includes two new rulemakings that are intended to reduce Per- and...more

BCLP

PFAS State Snapshot: New York PFAS Regulation - October 2021

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New York regulates per- and polyfluoroalkyl substances (“PFAS”) in drinking water, consumer products, firefighting foam, Personal Protective Equipment (“PPE”), and recently proposed the regulation of PFAS in air emissions. ...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

Snell & Wilmer

Bipartisan Infrastructure Package Passes the Senate

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Arizona’s Senior U.S. Senator Kyrsten Sinema is credited as being instrumental in negotiating the $1.2 trillion infrastructure package, H.R. 3684, entitled “Investing in a New Vision for the Environment and Surface...more

Downey Brand LLP

Latest California State Water Board Investigative Order for PFAS Targets Bulk Fuel Storage Terminals and Refineries

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Last week, the California State Water Resources Control Board (State Water Board) officially released an order (the Order) to investigate and sample for per- and polyfluoroalkyl substances (PFAS) at over 160 bulk fuel storage...more

Jones Day

Regulators in the United States and Europe Move to Restrict PFAS in Products and Wastes

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The Background: In recent years, the scientific and regulatory communities have paid increasing attention to per- and polyfluoroalkyl substances ("PFAS"), which have been common components for decades in consumer and...more

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