Author: Oliver E. Twaddell

CERCLA / EPA / PFAS / PFOA
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EPA Proposes to Designate PFOA and PFOS as Hazardous Substances under CERCLA

Friday of last week the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that would designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as CERCLA). The designations, if finalized, could have direct and indirect impacts on a range of individuals and companies, as well as the federal government itself.

The five broad categories of entities potentially affected by this designation as …

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EPA / PFAS / PFOA / PFOS
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Trade Association Submits Challenge to EPA’s New PFOA and PFOS Health Advisories

As reported in our blog back in June, the Environmental Protection Agency unveiled new drinking-water health advisories (HAs) for PFAS contaminants. Specifically, the advisories drastically reduced acceptable PFOA and PFOS water levels from 70 parts per trillion (set in 2016) down to 0.004 parts per trillion for PFOA and 0.02 parts per trillion for PFOS.  

These new advisories, however, are already the subject of attack. Last week, a leading trade association filed a petition challenging these new HAs.  

The petition was filed with the U.S. …

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PFAS
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Plaintiffs in PFAS Food-Packaging Case Met With Motion to Dismiss

A few weeks ago, our blog reported on a number of complaints filed against some of the most recognizable fast food chains, arising from alleged PFAS-containing food wrappers. The alleged concern is that PFAS contained in the wrapper, for example, will migrate into the food itself, creating exposure through consumption of the food. Now, a fast-food chain named in one of the suits is hitting back. A few days ago, the chain filed a motion to dismiss the proposed class action, proffering a number of …

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PFAS / PFOA / PFOS
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Can Product Labels Be Used to Predict the Presence of PFAS? A New Study Says “Likely” for Stain- and Water-Resistant Marketed Products; Less Likely for “Green” Marketed Products

“How Well Do Product Labels Indicate the Presence of PFAS in Consumer Items Used by Children and Adolescents?” is the name of a new study published last week by the American Chemical Society, in Environmental Science & Technology. Focusing on children’s’ products, the study’s abstract states that because “product labels rarely list chemical additives, including PFAS,” the authors “evaluated whether other information on product labels can be used by consumers to select products without PFAS.”

“The primary goal of this study was to investigate …

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EPA / Groundwater Monitoring / New York / Water Contamination
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Long Island Water Districts Settle Claims Arising from Alleged 1,4-Dioxane Contamination

You may have read about the slew of lawsuits filed over the past few years by Long Island water districts seeking to recover damages arising from alleged contamination of drinking water supplies by 1,4-dioxane. Our blog has covered them here, here, here, and here.

There is news on the settlement front. One of the primary defendants and the U.S. government have agreed to resolutions in two cases: Bethpage (in the amount of $49 million) and South Farmingdale (in the amount of …

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PFAS
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Motion for Class Certification in Hardwick PFAS Litigation Granted in Part, Denied in Part

As previously reported by our blog, Kevin Hardwick, a firefighter and alleged user of PFAS-containing firefighting foams, filed a class action lawsuit in the U.S. District Court for the Southern District of Ohio in 2018, asserting claims for negligence, battery, declaratory judgment, and conspiracy—all related to the manufacture and use of PFAS products. What is notable about the suit was that it asked for equitable relief in the form of a panel of scientists to study the effects of PFAS and for medical monitoring of …

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EPA / PFAS
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EPA Adds Four PFAS to Toxics Release Inventory as Part of the PFAS Roadmap

As our blog recently reported, the Environmental Protection Agency (EPA) announced an ambitious national strategy to address per- and polyfluoroalkyl substances (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: “Increase investments in research, leverage authorities to take action now to restrict PFAS chemicals from being released into the environment, and accelerate the cleanup of PFAS contamination.” As part of this plan, the EPA announced the automatic …

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New York / Water Contamination
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Smaller NY Water Systems No Longer Exempt: Adoption of Emerging Contaminants List Yields Expected Testing of PFAS

On December 23, 2021, New York Gov. Kathy Hochul signed a new amendment to the public health law that will create New York’s first emerging contaminants list, and expand the number of chemicals to be included—many of which are per- and polyfluorinated substances (PFAS). Some say this new law establishes New York as perhaps the strictest jurisdiction in the U.S. with respect to testing drinking water for PFAS. Under the new legislation, titled “An act to amend the public health law, in relation to establishing …

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EPA / PFAS
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EPA Releases PFAS Roadmap, Outlining Various Initiatives, Strategy, and Expected Rulemaking

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: “Increase investments in research, leverage authorities to take action now to restrict PFAS chemicals from being released into the environment, and accelerate the cleanup of PFAS contamination.” North Carolina’s governor …

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California / PFAS
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California Signs New PFAS Laws Regulating Children’s Products and Food Packaging

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 PFAS in the manufacture of children’s products, including car seats, pillows, bassinets, changing pads, playmats, bouncers, walkers, strollers, and cribs. On and after July 1, 2023, this law prohibits a …

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