Category: PFAS

Judges Or Auctioneer Gavel On The Dollar Cash Background
PFAS / Settlements
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Primary Defendants Broker Settlements of Major PFAS Litigation

Over the last seven days, there have been news reports that major companies embroiled in PFAS litigation — particularly the Aqueous Film Forming Foam (AFFF) MDL in federal court, South Carolina — reached, or are on the cusp of reaching, agreements with plaintiffs to resolve hundreds (and potentially thousands) of disputes concerning PFAS contamination of drinking water supplies owned or operated by various water providers throughout the country. 

AFFF is a highly effective firefighting agent used to control and extinguish Class B fuel fires at …

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PFAS
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PFAS Alert: Chemours, DuPont and Corteva Reach Landmark Water District Settlement in MDL

Key Takeaways

  • Dupont, Chemours and Corteva chemical companies have reached a deal with water companies nationwide worth more than $1.1 billion.
  • The agreement aims to settle drinking-water claims related to per- and polyfluoroalkyl substances.
  • Further details expected in coming days.

Chemical companies DuPont, Chemours, and Corteva have struck a deal worth more than $1.1 billion with water companies around the United States to settle all drinking-water claims related to per- and polyfluoroalkyl substances.

While these three companies still deny the allegations in the underlying litigation, they …

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Chemical container for toxic liquid, warning symbol in bio hazard dangerous blue tank. Recyclabe plastic waste barrel. Recycle for climate change concept.
CERCLA / PFAS
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Pandora’s Reopener Box: Lying in Wait when PFAS Compounds Become “Hazardous Substances” under CERCLA

The U.S. EPA published its PFAS Strategic Roadmap booklet in October 2021 and, true to its word, has come very close to meeting most of its self-imposed deadlines to tackle the truly difficult environmental- and human-health challenges that PFAS has presented. The PFAS Roadmap booklet — although close to two years old now — is just that, a roadmap, and is a concise straightforward document of only 22 pages. It’s a must read for anyone interested in PFAS. One of the Roadmap’s goals proposes the …

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drinking water
EPA / PFAS
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On the Heels of EPA’s Proposed Rule, New York State DEC Releases Final Ambient Water Quality Guidance Values for PFAS

Just two days after the U.S. Environmental Protection Agency issued its Notice of Proposed Rulemaking to establish legally enforceable drinking-water levels for six per- and polyfluoroalkyl substances (PFAS), reported by ELM here, the New York State Department of Environmental Conservation released final ambient water quality guidance values for PFOA, PFOS, and 1,4-Dioxane in New York State waters.

In a March 15 press release the DEC said “[t]he finalized guidance values support the State’s ongoing efforts to protect public health and the environment and prevent …

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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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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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