Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The U.S. Court of Appeals for the District of Columbia Circuit on Aug. 18 upheld the Environmental Protection Agency’s 2024 designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in Chamber of Commerce of the United States of America v. EPA, No. …
A recent application submitted under the Toxic Substances Control Act (TSCA) has drawn criticism from environmental groups because it involves the proposed use of PFAS to cool equipment used in data centers. The TSCA requires companies to apply to the U.S. Environmental Protection Agency before manufacturing or importing new chemical substances, which are those not …
The Environmental Protection Agency on June 30 approved three new pesticides that under certain definitions — (but not the EPA’s) — would constitute PFAS chemicals. The agency approved the pesticides’ registration under section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The three approved active ingredients are: Epyrifenacil: for use on canola, field …
As we recently reported here and here, the Environmental Protection Agency has stated it is revisiting and rolling back some of its limits on per- and polyfluoroalkyl substances (PFAS) in drinking water. The prior regulations set by the EPA included the following: A Maximum Contaminant Level Goal (MCLG) of zero for PFOA and PFOS. Enforceable Maximum Contaminant Levels …
The Environmental Protection Agency will issue two new rules aimed at delaying and rescinding maximum contaminant levels in drinking water. The first one will repeal 2024 regulations that set nationwide limits on four per- and polyfluoroalkyl substances (PFAS) – GenX, PFNA, PFBS, and PFHxS. The EPA announced it will additionally restart a lengthy process to …
Recently, while speaking at a conference in Washington D.C., the Environmental Protection Agency’s head of the Office of Water, Jessica Kramer, indicated the administration is revisiting the Biden administration’s limits on per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” in drinking water. The prior limits were put in place by the Biden …
In a January 2025 nationwide class-action suit, consumer plaintiffs alleged a leading smartwatch maker was using perfluorohexanoic acid (PFHxA) in its fluoroelastomer sports band products for its smartwatches and that it did not warn consumers of risk. The smartwatch maker then moved to dismiss the complaint for lack of subject matter jurisdiction and failure to …
Earlier this year, New Jersey Governor Phil Murphy signed the Protecting Against Forever Chemicals Act, sponsored by Senators Linda Greenstein and Bob Smith. The Act seeks to address intentionally added perfluoroalkyl or polyfluoroalkyl chemicals (PFAS) in consumer products; it also funds mandated PFAS-related research. Beginning two years after the Act’s effective, January 12, 2026, the …
The Environmental Protection Agency recently issued a press release on its efforts over the last year regarding PFAS contamination, noting it “represents just the beginning of the Trump Administration’s fight against the risks of PFAS contamination.” Some of the work the agency highlighted included “better testing and detection, direct community support, enforcement, clear public education, commonsense …
Recently, the Food and Drug Administration (FDA) released its “Report on the Use of PFAS in Cosmetic Products and Associated Risks”, evaluating per- and polyfluoroalkyl substances (PFAS) and their use in cosmetic products. The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) – the most significant expansion of the FDA’s authority to regulate cosmetics in …