Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On December 20, 2021, the U.S. Environmental Protection Agency finalized the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. Distilled to its essence, the new rule requires certain public water systems to collect data for 29 PFAS, as well as …
After releasing a flurry of press releases and developments on PFAS regulation, on October 18, 2021, the U.S. Environmental Protection Agency’s administrator announced an ambitious national strategy to address PFAS over the next three years. Dubbed a “roadmap,” the EPA says that it is centered on three guiding strategies focused on research, restrictions, and remediation: …
On October 5, 2021, California Gov. Gavin Newsom signed two laws further restricting the use of per- and polyfluoroalkyl substances (PFAS). Often referred to as “forever chemicals,” California will now ban such compounds in many children’s products and in disposable food packaging. One of California’s new PFAS laws (AB 652) will bar the use of …
Dalton, Georgia, which has been dubbed the “Carpet Capital of the World” has found itself at the center of emerging PFAS litigation. On September 20, 2021, Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia issued a 180-page order ruling on 12 motions to dismiss, on various grounds, filed by …
Each year, the U.S. Environmental Protection Agency prepares Preliminary Effluent Guidelines Program Plans pursuant to 33 U.S.C. 1251, more commonly known as the Clean Water Act (CWA). The purpose of these plans is to give an overview of the EPA’s Effluent Limitation Guidelines (ELG), or national standards for wastewater discharges to surface waters and municipal …
On July 21, 2021, the United States House of Representatives passed the PFAS Action Act of 2021 (Act) that would require the Environmental Protection Agency (EPA) to take action to regulate two per- and polyfluoroalkyl (PFAS) substances. PFAS are commonly known as “forever chemicals” due to their ability to persist in the environment, including drinking …
On July 15, 2021, Maine became the first state to ban per- and poly-fluoroalkyl substances (PFAS) from most products by the year 2030. Under the law, PFAS means “substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom”—a class of thousands of chemicals. Maine’s new …
Dairy farmers—particularly in Maine, but in the Midwest as well—have recently made headlines because of alleged PFAS contamination on farms and in dairy milk. The U.S. senators from Maine are bringing to light farm contamination in their states, and it is likely to gain traction in other agriculture-heavy jurisdictions, particularly the Midwest. “Over the past …
Recently, lawmakers in the U.S. House of Representatives introduced a bill—the PFAS Action Act of 2021—that would require the Environmental Protection Agency (EPA) to begin regulating perfluoroalkyl and poly-fluoroalkyl substances (PFAS) in drinking water. The legislation would require the EPA to establish a national drinking water standard within two years for perfluorooctanoic acid (PFOA) and …
Illinois has joined a growing list of states seeking to regulate per- and polyfluoroalkyl substances (PFAS) and compounds. On January 28, 2021, the Illinois Environmental Protection Agency announced four “health advisories” in accordance with the Illinois Part 620 groundwater regulations (35 Ill. Adm. Code Part 620). Specifically, the four PFAS compounds Illinois issued health advisories …