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Maine’s Difficulties Implementing its PFAS Law Could Foreshadow Similar Issues Nationwide

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 25 or fewer people, and one when a sale involves a used product or component.

In response to the State Legislature’s action, the Maine Department of Environmental Protection (DEP) suspended …

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Steel Beats Glass and Plastic, All Beat Paper: New Study Finds PFAS In Various Types Of Drinking Straws

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 their drinks.

The study — titled “Assessment of poly- and perfluoroalkyl substances (PFAS) in commercially available drinking straws using targeted and suspect screening approaches,” — makes some interesting findings on …

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U.S. Geological Survey Study Warns 45 Percent of Tap Water in United States Could Contain PFAS

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 understand human exposure to PFAS at the point-of-use, the authors conducted a standardized analytical survey of PFAS nationally.

“The overall objectives of the study were to (1) directly …

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This Month in PFAS: June 2023

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 more than $1.1 billion with water companies around the United States to settle drinking-water claims related to PFAS. The settlement was followed by an additional $10.3 billion settlement by 3M …

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Premanufacture Notices and Significant New Use Notices for PFAS Face Uphill Climb Under New TSCA PFAS Framework

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 New Use Notices (SNUNs)” comes under the TSCA New Chemicals Program, which “regulates chemicals in a manner that promotes technological innovation while ensuring that chemicals are safe to …

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NJ PFAS Alert: Solvay Enters $393 Million Settlement with Garden State to Remediate Contamination

New Jersey just announced a proposed $393 million settlement with Solvay Specialty Polymers USA, LLC that would ensure the remediation of contamination near Solvay’s facility in West Deptford that manufactures plastic components for consumer products. This contamination included the release of per- and polyfluoroalkyl substances (PFAS). 

The proposed settlement commits Solvay to: 

  • Pay for and implement comprehensive remedial activities at and in the vicinity of its West Deptford facility; 
  • Provide financial support for certain public water system upgrades necessary to remove PFAS from drinking water; 
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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 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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PFAS ALERT: The Arrival of Increased Regulation in Composting

By Joshua Fine, Manager, Environmental Claims, Crum & Forster and George Buermann, Partner, Goldberg Segalla LLP

Composting has long been viewed as an important tool for sustainability with benefits for the environment as it has reduced the amount of waste incinerated or sent to landfills. Since the 1920s, municipal biosolids, or treated sewage sludge, has been used in agriculture in the United States. Only since 1993, however, has the U.S. Environmental Protection Agency provided standards for the use or disposal of biosolids, or treated sewage sludge, through …

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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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