Category: PFAS

drinking water
EPA / PFAS
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EPA Brings Down The Hammer On PFAS: Proposed Drinking Water Regulations Push The Limit

Earlier this week, the U.S. Environmental Protection Agency issued a Notice of Proposed Rulemaking titled, PFAS National Primary Drinking Water Regulation Rulemaking. 

In keeping to its commitments in the PFAS Strategic Roadmap, the EPA took a significant step by proposing to establish legally enforceable drinking-water levels for six per- and polyfluoroalkyl substances (PFAS) known to occur in drinking water: PFOA, PFOS, PFHxS, GenX Chemicals, PFNA, and PFBS.

“Through this proposed rule, EPA is leveraging the most recent science and building on existing state efforts …

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Close up the pouring purified fresh drink water from the bottle on table in living room
EPA / PFAS
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EPA: $2 Billion in Funds to Address Emerging Contaminants, Build on PFAS Strategic Roadmap

The EPA announced Monday the availability of $2 billion from the Bipartisan Infrastructure Law to address emerging contaminants such as Per- and Polyfluoroalkyl Substances (PFAS) in drinking water across the country. This investment, allocated to states and territories, will be made available to communities as grants through EPA’s Emerging Contaminants in Small or Disadvantaged Communities (EC-SDC) Grant Program and will “promote access to safe and clean water in small, rural, and disadvantaged communities while supporting local economies.”

“These grants build on EPA’s PFAS Strategic Roadmap and will …

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Detail of a man shopping in supermarket
Litigation / PFAS
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States Increasing Regulation of PFAS Products Heralds Increased Litigation

More and more state legislatures are looking to PFAS exposure as one of the main focuses of their new environmental regulations. As of this month, Maine banned the sale of residential carpets containing PFAS and became the first state to require companies to report products containing the chemicals. Maine’s law will ban all non-essential PFAS products by 2030. In November, the Maine State Chamber of Commerce told the state Department of Environmental Protection that the new laws would affect nearly every sector of the state …

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Office of the Attorney General
California / PFAS
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PFAS ALERT: What Happens in California Won’t Likely Stay in California

In what has been earmarked as the largest government enforcement PFAS action to date, California’s attorney general last month filed an historic lawsuit against more than a dozen per-and polyfluoroalkyl substance (PFAS) manufacturers – as well as “John Doe” PFAS manufacturers – seeking equitable and financial relief for purported statewide pollution to the environment and harm its residents.

While there are thousands of PFAS compounds subject to scrutiny, the California AG’s lawsuit seeks damages related to only seven of the more commonly known compounds:  PFOA, …

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CERCLA / EPA / PFAS
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EPA Incites Further Controversy Proposing to Designate Forever Chemicals Under CERCLA

While critics may say the federal government has been slow to react to PFAS, last week the EPA took its most aggressive stance — publishing its notice for a proposed federal rule to designate two specific PFAS compounds, PFOA and PFOS, as “hazardous substances” under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and now the clock is ticking. 

Found in surface water, air, soil, and even more recently food packaging, PFOA and PFOS were used pervasively in American manufacturing beginning in the 1940s for their durability, heat/grease resistance, and waterproof nature, and quickly assumed the nomenclature “forever chemicals” because of their remarkable inability to decompose. 

When talking shop, lawyers, insurance carriers, and manufacturers alike have labeled PFAS the ‘emerging contaminant’ to watch out for …

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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
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EPA Previews 2021 List of Toxic Release Inventory

On July 28, 2022, the Environmental protection Agency (“EPA”) released its preliminary 2021 Toxics Release Inventory (“TRI”).  The purpose of the TRI is to give the public critical information regarding chemical releases, waste management, and pollution prevention undertaken at both federal and industrial facilities in the United States.  

The TRI program was created by Congress in 1986 as part of the Emergency Planning and Community Right to Know Act.  Chemicals that are covered by the program include those that have adverse health or environmental …

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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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Filling up a glass with drinking water from kitchen tap
EPA / PFAS / PFOA / PFOS
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School’s Out for Summer, but EPA’s Latest PFAS Drinking Water Health Advisory Order is No Vacation for the Regulated Industry or Litigants

If you drink water, pay a water bill, or watch the news, you’ve undoubtedly heard or seen (but were likely unable to pronounce) the acronyms for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), two of the most recognized compounds within the family of per- and polyfluoroalkyl substances.

Known as PFAS compounds, they were used pervasively in American manufacturing dating back to the 1940s and assumed the nomenclature “forever chemicals” because of their remarkable and arguably useful ability to not decompose. PFAS’ unique resistance to breaking …

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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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