News & Analysis as of

Comprehensive Environmental Response, Compensation and Liability Act Contamination

Shipman & Goodwin LLP

PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail

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Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to...more

Foley & Lardner LLP

2024 Has Been a Big Year for EPA with Significant Implications for Manufacturers as EPA Executes on its PFAS Strategic Roadmap  

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In 2021 the Environmental Protection Agency (“EPA”) issued its strategic roadmap to address a broad group of thousands of manmade chemicals known as per- and polyfluoroalkyl substances (“PFAS”), pledging to use “every tool in...more

Mintz

EPA's explanation that PFAS are unsafe in minute concentrations is turning out to have serious ramifications for many, including...

Mintz on

Lara Beaven of Inside PFAS Policy reports that Maine farmers have joined litigation against the Environmental Protection Agency for not yet regulating the presence of PFAS in sewage sludge. The plaintiffs in that litigation...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/CERCLA: New Mexico Department of Justice Files Contribution Claim Against the U.S. Departments of the Air Force/Army

The New Mexico Department of Justice (“NMDOJ”) amended a complaint in the United States District Court against the United States, the United States Department of the Army, the United States Department of the Airforce alleging...more

Ward and Smith, P.A.

From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

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Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more

Fox Rothschild LLP

Federal Drinking Water Standards for PFAS Will Influence Groundwater Remediation Standards

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As discussed in a previous post, EPA recently issued a final rule establishing drinking water standards, known as maximum contaminant levels (MCLs), for six per- and polyfluoroalkyl substances (PFAS). The final rule became...more

Nossaman LLP

EPA Action on “Forever Chemicals”

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Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more

Proskauer Rose LLP

Designation of PFOA and PFOS as CERCLA Hazardous Substances

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On May 8, 2024, the United States Environmental Protection Agency (“EPA”) published its final rule designating two types of per- and polyfluoroalkyl substances (“PFAS”) — specifically, perfluorooctanoic acid (“PFOA”) and...more

Shook, Hardy & Bacon L.L.P.

U.S. EPA Designates Two Most Studied PFAS as 'Hazardous Substances' Under Federal Superfund Law: Four Key Takeaways

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) formally published in the Federal Register (89 Fed. Reg. 39124) its long-awaited final rule designating two of the most studied per- and polyfluoroalkyl...more

White & Case LLP

US EPA lists two PFAS aka “forever chemicals” as Hazardous Substances under CERCLA

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On April 19, 2024, the US Environmental Protection Agency (“US EPA”) announced its final rule designating two per- and polyfluoroalkyl substances (“PFAS”), namely perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

Lippes Mathias LLP

EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA

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On April 19, 2024, EPA promulgated its highly anticipated final rule (the “Rule”) designating two types of PFAS – perfluorooctanoic acid (PFOA) and perflurooctanesulfonic acid (PFOS) – as hazardous substances under the...more

Lowenstein Sandler LLP

Without Actual Collection of Damages, Mere CERCLA Liability Not Barred as Double Recovery, Says Ninth Circuit Ground Water Quality...

Lowenstein Sandler LLP on

On April 15, in Santa Clarita Valley Water Agency v. Whittaker Corp., et al., No. 22-55727, slip op., -- F.4th – (9th Cir. 2024) (SCVWA), the U.S. Court of Appeals for the Ninth Circuit (Court of Appeals) held that in a...more

McGuireWoods LLP

Steps for Companies to Maximize Potential Insurance Recovery After the EPA’s Recent PFAS Designation

McGuireWoods LLP on

On April 19, 2024, the U.S. Environmental Protection Agency announced the designation of two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) and their salts and...more

K&L Gates LLP

Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

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On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Clark Hill PLC

EPA Adopts PFAS Drinking Water Standards Establishing de Facto Groundwater Cleanup Standards

Clark Hill PLC on

On April 10, the U.S. Environmental Protection Agency (EPA) adopted the final National Primary Drinking Water Regulations (Rule) for six per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA),...more

WilmerHale

PFAS Milestones: EPA Sets Drinking Water Standard, Labels Two Compounds Hazardous Substances

WilmerHale on

The Environmental Protection Agency’s (EPA) recent rulemakings for per- and polyfluoroalkyl substances (PFAS) have far-reaching implications for a broad range of industries, regulated entities, and regulatory bodies. First,...more

Buchalter

EPA Designates PFAS Substances as Hazardous Substances

Buchalter on

US EPA is taking action to designate two of the most common per- and polyflouroalkyl substances (PFAS) as hazardous substances under CERCLA, also known as Superfund. This action is part of EPA’s PFAS Strategic Roadmap, a...more

Bilzin Sumberg

EPA Acts Swiftly to Address PFAS Contamination

Bilzin Sumberg on

Announcing PFAS Drinking Water Standard, Moves to Designate PFAS as Hazardous Substance Under CERCLA -...more

Brownstein Hyatt Farber Schreck

PFAS, They Did It Again: EPA Designates Two PFAS as Hazardous Substances Under CERCLA

It has been a busy month for federal developments concerning per- and polyfluoroalkyl substances (“PFAS”). On April 19, the U.S. Environmental Protection Agency (“EPA”) made headlines again, announcing the prepublication...more

Quarles & Brady LLP

EPA’s Designation of Certain PFAS as Hazardous Substances Under CERCLA Will Have Wide-Ranging Impacts

Quarles & Brady LLP on

On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication final rule and an associated enforcement policy concerning two common types of per-and polyfluoroalkyl substances (PFAS):...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

BCLP

EPA Designates PFOS and PFOA as CERCLA Hazardous Substances

BCLP on

On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more

Dechert LLP

EPA Designates Two PFAS as CERCLA Hazardous Substances

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U.S. Environmental Protection Agency (“EPA”) has designated PFOA and PFOS as "Hazardous Substances" under CERCLA, marking the agency's first use of Section 102(a) authority and signaling potential widespread industry impact...more

Kelley Drye & Warren LLP

EPA Announces Final Rule Designating Two PFAS as ​“Hazardous Substances” under CERCLA

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms...more

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