Author: Oliver E. Twaddell

PFAS
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New Investigation Reveals Many Potentially Problematic PFAS Chemicals Still In Circulation – And Some Good News Too

PFOA and PFOS, the most notorious compounds in the PFAS family, still contaminate many areas of the country despite being phased out of production (PFOS was phased out in 2002, and PFOA by 2015/2016.) Although human studies have shown these chemicals to be of little toxicity, there are many animal studies that reveal these chemicals to be highly toxic. It’s not surprising then that there is a growing groundswell of advocacy behind federal regulation of these chemicals. And if the scientific uncertainty surrounding PFAS wasn’t …

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EPA / New Jersey
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SSRA 2.0: New Jersey Makes Changes to its Privatized Site Contamination Remediation Law

On Friday, August 23, 2019, Gov. Murphy signed into law an amendment to New Jersey’s 2009 Site Remediation Reform Act (SSRA)—a law that privatized many responsibilities previously handled by the New Jersey Department of Environmental Protection (NJDEP) concerning the remediation of contaminated sites. The SSRA created what is called the Licensed Site Remediation Professional (LSRP) program; LSRPs are experienced, private sector environmental professionals that are licensed by the state and hired by Responsible Parties (RPs) to direct and oversee environmental investigations and remedial action in …

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Emerging Issues / General / Pennsylvania
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Don’t Go Taking My Land: Did SCOTUS Find a Serious Hurdle for State Limitations on Energy Development?

What does a private graveyard have to do with environmental regulation? Potentially a lot. The United States Supreme Court recently ruled that property owners can forgo state court to assert claims that the government unconstitutionally allowed a “taking” of their land. Most are familiar with the takings clause of the U.S. Constitution’s Fifth Amendment: “[N]or shall private property be taken for public use, without just compensation.” That is, governments are not permitted to take private property without providing fair value.

The decision, Knick v. Township …

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EPA / New York
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New Analysis of Public Data Highlights Emerging Contaminant Prevalence in New York

Just this week, the New York Public Interest Research Group released a report that analyzes an array of public federal data pertaining to unregulated emerging contaminants and their prevalence in New York State. The report is noteworthy for its study of more than 20 different emerging contaminants impacting the state.

The report, titled “What’s in My Water?”, clearly notes that the mere existence of emerging contaminants does not necessarily mean that the public’s health is at risk. However, the report proclaims a call …

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CERCLA / Due Diligence
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Assessing Emerging Contaminant Risks in Real Estate and Other Purchase Transactions

This blog frequently addresses emerging contaminants, most prominently the PFAS compounds and 1,4-dioxane. As these chemicals become more notorious through testing, regulation, and public scrutiny, they’ll likely become more prolific factors in the purchase and sale of real estate. As our readers know, PFAS is almost ubiquitous: it is nearly everywhere (in varying concentrations). As we continue to report on other contaminants, like 1,4-dioxane, it appears the trend is to continue to elevate the focus on these chemicals. So, how should a prospective purchaser, and …

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EPA / General / New York
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Emerging Contaminants: Testing Finds 1,4-Dioxane Present in Dozens of Household Products

Testing conducted by the group Citizens Campaign for the Environment, which is purportedly pushing for a New York state ban on 1,4-Dioxane in household products, has found the chemical at various levels in “65 of 80” commonly used (and commonly disposed of) high-end and less expensive personal care and detergent products. In conjunction with an uptick in 1,4-Dioxane litigation, these new studies likely provide lawyers, litigants, and other concerned parties a hint at what’s to come.

As a refresher, 1,4-Dioxane is a synthetic industrial …

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EPA / New York / Water Contamination
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1,4-Dioxane is Back in Court, Following a New and Familiar Template for Water Authority Claims

Late last week, a pair of lawsuits on water contamination were filed in the U.S. District Court for the Eastern District of New York on behalf of local water authorities. Back in the news is the emerging contaminant 1,4-dioxane, which made headlines in late 2017 in a related and similar groundbreaking lawsuit that sought to recover costs against major manufacturers for the design, construction, installation, operation, and maintenance of water treatment facilities and equipment required to remove the 1,4-dioxane from drinking water wells. The same …

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EPA / PFOA
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EPA Releases First-of-its-Kind Nationwide PFAS Action Plan

Earlier today, the EPA’s Acting Administrator, Andrew Wheeler, announced a nationwide PFAS Action Plan. An EPA official described the plan as the “most comprehensive action plan for a chemical of concern ever undertaken by the agency.” The plan describes actions that are under way and slated for future action. In particular, the plan discusses:

  • moving forward with evaluating the need for a maximum contaminant level (MCL) for PFOA and PFOS;
  • beginning the steps to designate the chemicals as “hazardous substances”  through an available federal statutory
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Groundwater Monitoring / PFOA
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Federal Study Provides Further Evidence Of PFAS’ Omnipotence, Adding To Pre-Existing Concern

It’s no secret that more and more states are investigating PFAS chemicals to determine whether regulation is wise. The U.S. Government has been grappling with the same issues. Contaminants of emerging concern (CECs), including PFAS, are of great interest to regulators, water treatment utilities, the general public and scientists. When considering, for example, 2016 data collected by federal scientists that estimates that up to 110 million people are served by water supplies with PFAS, investigation is important. As we are well aware though, the federal …

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EPA / PFOA
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Short Use, Yet Long Life: New Study Highlights Persisting PFAS Treatment In Common Consumer Products

It’s worth noting that certain everyday products that U.S. consumers encounter frequently may still be treated with PFAS. That’s the focus of a recent study.  The study, conducted by Safer Chemicals Healthy Families and Toxic-Free Future, screened various retailer’s food-contact materials (i.e., take-out containers, bakery or deli paper, single-use plates) for the presence of suspected PFAS treatment. Although a small sample size, the study found that 5/8 (or about 63 percent) of take-out containers that they had collected from different stores in many states …

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