Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On January 12, 2024, a northern California federal district court dismissed the PFAS-related class-action case of Lowe v. Edgewell Personal Care Company on the grounds that its plaintiffs had not plausibly alleged injury from the products at issue. The Lowe plaintiffs brought their actions against two different tampon product lines, claiming that the presence of …
As our blog has reported a number of times, the Environmental Protection Agency announced an ambitious national strategy to address per- and polyfluoroalkyl substances (PFAS). Dubbed a “roadmap,” the EPA says that it is centered on three guiding strategies focused on research, restrictions, and remediation. Specifically: “Increase investments in research, leverage authorities to take action …
“Seldom is so ambitious a case filed on so slight a basis.” That was the first sentence of Judge RaymondKethledge’s opinion vacating a district court order that certified a class of over 11 million Ohio residents who alleged various companies put their health at risk by manufacturing and selling products containing PFAS. The panel of three …
Since early 2022, the Environmental Protection Agency has pursued authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), also known as the Superfund Act. On August 12, 2022, the CERCLA PFAS designation effort advanced significantly when the Office of Management …
The Consumer Product Safety Commission (CPSC) recently published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) “used in commerce or potentially used in consumer products,” and as directed toward information on “potential exposures associated with the use of PFAS in consumer products, and potential human health effects associated with exposures to PFAS from …
Maine recently delayed the January 2024 implementation of a first-of-its-kind law requiring manufacturers to disclose PFAS in products sold in the state, effectively banning PFAS in most such products by 2030. Manufacturers of products containing PFAS now have until January 2025 to report them. Meanwhile, Maine also created two reporting exemptions — one for businesses employing …
A study published last week by the Food Additives & Contaminants: Part A journal — a journal that publishes on natural and man-made food additives and contaminants in food and the animal feed chain and is an affiliated journal of the International Society for Mycotoxicology — might make people think twice when selecting straws for …
Motivated by “the quality and sustainability of drinking-water” due to rising water demand concerns in the United States, as well as “increasing contamination of drinking-water resources, and a growing understanding of potential human-health consequences associated with exposures to contaminants,” the U.S. Geological Survey recently conducted a study on the prevalence of PFAS in tap water. To better …
The month of June saw major developments related to per- and polyfluoroalkyl substances (PFAS) litigation and legislation at the state and federal level — particularly in massive settlements, proposed legislation, and the delay of the nation’s first state-level PFAS reporting requirements. The month began with chemical companies DuPont, Chemours, and Corteva striking a deal worth …
Introducing new PFAS into the market or using existing ones for new purposes likely just got much harder as the EPA has established a new framework requiring an intensive scientific review process that likely will result in restrictions or even bans. The “Framework for TSCA New Chemicals Review of PFAS Premanufacture Notices (PMNs) and Significant …