Your Guide to Emerging Issues in Environmental Regulation and Litigation.
The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s structured approach is designed to enhance efficiency and accuracy in identifying the sources of contamination, thereby facilitating more effective legal proceedings. The AFFF MDL …
In 2024, the EPA proposed a PFAS rule with a January 17, 2025, comment deadline in response to questions from the industry regarding the effective date of supplier notifications for mixtures or trade name products containing a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. Stakeholders questioned …
In 2019, the New Jersey Department of Environmental Protection (NJDEP) brought suit against Dupont and 3M seeking clean-up, removal, and costs for what NJ officials claimed was more than 100 years of indiscriminate dumping of thousands of pollutants into the Chambers Works compound in Salem County, NJ. According to the pleadings, among the contaminants released …
While ringing in the New Year, the Environmental Protection Agency announced the addition of nine per- and polyfluoroalkyl (PFAS) substances to the list of chemicals covered by the Toxics Release Inventory (TRI) pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA), making them the latest PFAS that can no longer be claimed as confidential …
Our blog has written on EPA’s placement of Trichloroethylene (TCE on the chopping block and the phase down of Perchloroethylene (PCE). And early this week, the Environmental Protection Agency finalized those proposed rules with the latest risk management regulations for those two chemicals. Under the rule, “all uses of TCE will be banned over time (with the …
The Environmental Protection Agency announced Dec. 4 finalized amendments on the regulation of new chemicals under the Toxic Substances Control Act (TSCA). Specifically, the EPA targeted stricter regulations of certain exemptions under the TCSA for PFAS and PBT chemicals. As our blog has previously reported, the challenges surrounding the manufacturing of PFAS and PFAS PBT …
As our blog has reported frequently, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says it is centered on three guiding strategies focused on research, restrictions, and remediation. Specifically: “Increase investments in research, leverage authorities to take action now to restrict PFAS …
Recently, as part of the Joint Subcommittee on Environment, Innovation, and Public Health, the PFAS Strategy Team of the National Science and Technology Council released a report titled the “Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan.” The National Science and Technology Council (NSTC) is the principal means by which the executive …
On July 11, the U.S. Environmental Protection Agency issued updated recommendations under the Clean Water Act for contaminants that states, Tribes, and territories should consider monitoring in locally caught, freshwater fish. For the first time, the EPA has added several per- and polyfluorinated substances (PFAS) to the contaminant list (e.g., PFDA, PFHxS, PFNA, PFOA, PFOS), …
In furtherance of the U.S. Environmental Protection Agency’s PFAS Strategic Roadmap, which our firm has written about frequently, the EPA released an updated guide on destroying and disposing of PFAS. According to EPA, the updated guidance (found here) reflects the “latest, best available science” to provide information that managers of PFAS wastes can use to evaluate …