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EPA Drops Pre-Publication of the Long-Anticipated Final Version of Its One-Time PFAS Reporting Rule under TSCA Section 8(a)(7)

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized the long-awaited one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) that the Agency had proposed in June 2021 under Section...more

Update: Maine and Massachusetts Consider PFAS Legislation

Maine proposes a new rule to its PFAS legislation, while the Massachusetts Legislature considers two bills around banning specific PFAS-containing products. Since many companies that do business in the United States do so...more

North Carolina, California, Wisconsin and Illinois Sue Companies over PFAS “Forever Chemicals” Contamination

Since mid-2022, North Carolina, California, Wisconsin and Illinois each have sued primary and secondary manufacturers of PFAS and PFAS-containing products for alleged environmental damage caused by the distribution of their...more

Industry Awaits as the TSCA PFAS Reporting Rule Looms

EPA has proposed a special one-time reporting rule that will require businesses to go on record with the agency memorializing their contributions to PFAS in the marketplace. The final PFAS reporting rule is expected to be...more

Proposed Amended FRE 702 Confirms Court as Gatekeeper of Expert Testimony

New changes to Federal Rule of Evidence 702 will clarify the courts’ responsibility to determine the admissibility of expert testimony. Forthcoming amendments to FRE 702 will promote uniformity in application of the Rule...more

Southern California’s New Indirect Source Rule for Warehousing Operations Tests Jurisdictional Waters

Rule 2305, a first-of-its-kind air district rule, will impose new costs on warehouses and the Southern California supply chain, potentially testing legal boundaries of local authority to regulate “indirect sources” of...more

Information Requests and Subpoenas for PFAS Likely to Increase, as Biden Administration Ramps Up Regulation of PFAS

What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS - Federal and state governments use information requests and subpoenas to gather information about a business’s...more

Boom in the Medical Spa Industry Amid Regulatory Uncertainty Creates Perfect Storm

How should booming medical spa businesses proceed with little to no guidance from state medical boards? The American medspa industry, dominated by small, single-location, single-owned businesses, is booming in the wake of...more

Federal Court Temporarily Pulls the Teeth Out of California’s Alligator and Crocodile Product Ban

California’s recent ban on the importation and sale of alligator products in the state has faced significant legal pushback from retailers and wholesalers of alligator products, the federal government, and others, and has...more

Not Too Late to Develop a Strong Strategy for 2020 CDR

The TSCA Chemical Data Reporting requirement is an important mechanism that helps EPA establish regulatory restrictions and enforcement initiatives. The next filing deadline is November 30, 2020 and requires the submission...more

Proposed Proposition 65 Regulation May Provide Exemptions for Warnings on Acrylamide-Containing Foods

Revisions to regs may be good news for purveyors of almonds, cookies and potato products, among other acrylamide-containing foods targeted by Proposition 65 plaintiffs. The Office of Environmental Health Hazard Assessment...more

Proposed Definition of “Habitat” May Endanger the Endangered Species Act

Comment period on FWS/NMFS proposal will close soon. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed that a definition of “habitat” be added to the Endangered Species Act. The...more

California Appellate Court Upholds Monsanto’s Duty to Warn Based on Potential Risks

A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides. It further affirmed that FIFRA does not...more

California Court Finds that Proposition 65 Cancer Warnings for Glyphosate Violate First Amendment Rights

A California Court has granted a permanent injunction on enforcement of cancer warnings for glyphosate pursuant to Proposition 65, on the grounds that it violates the First Amendment. The Court reviewed the constitutionality...more

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more

EPA and States Target Widely Used PFAS

U.S. environmental authorities, concerned about the prevalence of PFAS, are considering and taking steps to restrict usage, potentially affecting a wide variety of products and processes, and to require owners and operators...more

California SB 71 Could Give New Meaning—and New Construction Costs—to the Word “Sunroof”

For builders working in California—already one of the most expensive states for new construction—a new bill winding its way through the legislature could add yet more costs. For this reason, Senate Bill 71 (SB 71) should be...more

Toxic Substances and Control Act Overhaul

Under the recently amended Toxic Substances and Control Act (TSCA), EPA is bound by new requirements and enforceable timetables to complete risk assessments for chemicals manufactured, distributed and imported to the United...more

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