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Maine Again Amends PFAS Ban Statute – More Product Categories Get Specific Dates, Reporting Requirements Are Narrowed

Maine has once again amended and clarified its statutory restrictions on the sale of numerous categories of PFAS-containing products. The net effect of the legislation, enacted on April 16, 2024, is to 1) limit the scope and...more

Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban...

By statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s...more

NJDEP Issues Guidance for Green, Sustainable, and Resilient Remediation

In September, NJDEP’s Contaminated Site Remediation and Redevelopment program (CSRR) issued new guidance (the Administrative Guidance for Green, Sustainable, and Resilient Remediation) encouraging the use of green and...more

Minnesota Statute Takes a Robust Approach to PFAS Regulation, Including Reporting Requirements for Manufacturers and a Sales Ban

On May 24, 2023, Minnesota’s Governor signed into law a sweeping set of statutory provisions concerning the handling and sale of PFAS-containing products within Minnesota. Among other things, the statute sets a ban on various...more

Maine Presses Pause on PFAS Reporting Requirements

We reported previously on Maine’s 2021 law barring the sale of new products containing intentionally added PFAS and the reporting requirements that the law imposed upon manufacturers. Under the law, both the first phase of...more

Michigan Court Rules State PFAS Drinking Water Regulations Lacked Adequate Consideration of Costs, with Implications for...

On November 15, 2022, in response to a challenge by 3M, the Michigan Court of Claims invalidated the drinking water MCLs and attendant groundwater standards for several PFAS substances, including PFOA (8 parts per trillion,...more

California, Maine Take Similar but Different Approaches in Limiting Sales of Products Containing Intentionally-Added PFAS

More and more states are passing statutes to restrict and/or monitor sales of products containing PFAS. Recent news out of Maine suggests some practical downsides to a more aggressive legislative scheme; last month...more

State Enforcement Against the Federal Government, Part 2

Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more

ESG Essentials: What You Need To Know Now - Episode 10 - Recycling Your Way to ESG Success [Audio]

Our ESG podcast series features short episodes covering core ESG concepts. Each podcast explores important issues for businesses that are concerned with developing and deploying an ESG profile, responding to increased...more

EPA Announces Funding for Disadvantaged Communities to Address PFAS in Drinking Water, Synthesizing Approaches to PFAS and...

Alongside USEPA’s recent issuance of new Health Advisory Levels, or HALs, for certain PFAS chemicals (namely, PFOA, PFOS, PFBS, and GenX), the Agency also announced that, as part of the Biden Administration’s...more

ESG Essentials: What You Need To Know Now - Episode 8 - Environmental Justice [Audio]

Our ESG podcast series features short episodes covering core ESG concepts. Each podcast explores important issues for businesses that are concerned with developing and deploying an ESG profile, responding to increased...more

USEPA’s National PFAS Datasets Compile and Integrate State and Federal Data, but Gaps Remain

The US Environmental Protection Agency (USEPA) has made available a collection of National PFAS Datasets, which collects a variety of PFAS data from different state and federal sources on one convenient webpage. ...more

Pennsylvania DEP Opens Public Comment on PFOA-PFOS MCL

The Pennsylvania Department of Environmental Protection (PA DEP) has opened up a public comment process on its proposed regulations to set maximum contaminant levels (MCLs) for two PFAS substances, PFOA and PFOS, in drinking...more

Coming (Very) Soon to an Environmental Investigation Near You….

Consistent with the U.S. Environmental Protection Agency’s (EPA) PFAS Strategic Roadmap, EPA is just weeks away from issuing a Notice of Proposed Rulemaking to designate PFOA and PFOS as hazardous substances under the...more

Pennsylvania EQB Approves PFOA and PFOS Limits in Drinking Water

On November 16, the Pennsylvania Environmental Quality Board (“EQB”) voted to approve the Pennsylvania Department of Environmental Protection’s (“PADEP”) proposed rule to set binding regulatory standards, known as maximum...more

Industry Specific Effluent Limitation Guidelines for PFAS Are Coming – EPA’s Preliminary Plan 15

In September, EPA set forth its latest draft plan for setting guidelines for PFAS limitations in industrial wastewater in certain industries, and October brought public comments on the draft. Among EPA’s next steps in its...more

Pennsylvania Moves One Step Closer To Issuance Of Drinking Water Standards For PFOA And PFOS

At its July 29, 2021 meeting, the Pennsylvania Department of Environmental Protection (“Department”)’s Public Water System Technical Assistance Center (TAC) Board voted to recommend that the Department proceed with a draft...more

Surface Water Data In Pennsylvania Identifies PFAS in Multiple Locations Statewide

The march toward regulation of PFAS in Pennsylvania continues (see our recent post on statewide public water system sampling results), with the release of final data from sampling conducted in September 2019 of surface waters...more

EPA Takes Two More Steps Down The Long And Winding Road To National Primary Drinking Water Regulations For PFAS

In the March 3, 2021 Federal Register, EPA issued its final regulatory determinations for substances on the fourth Drinking Water Contaminant Candidate List (“CCL 4”). Under the federal Safe Drinking Water Act, EPA is...more

Impact Of “Hazardous Substance” CERCLA Designation On State Superfund Laws

We’ve discussed in our previous posts the process that EPA will likely use to designate PFOA and PFOS as “hazardous substances,” how that designation will impact responsible parties, and what effects it may have on current...more

Potential Impact PFOA And PFOS Designation As “Hazardous Substance” On Ongoing EPA-lead Investigations And Remediations

In two of our previous posts, we discussed the United States Environmental Protection Agency’s (EPA) “Hazardous Substance” Designation Process and the Implications of a Designation on Responsible Parties. Here, in this post,...more

Implications Of EPA Designation Of PFOA and PFOS As “Hazardous Substances”

The Biden Administration has pledged to designate certain PFAS as hazardous substances under federal law. What effect would the United States Environmental Protection Agency’s (EPA) designation of PFOA and PFOS as “hazardous...more

State PFAS Enforcement Against The Federal Government – Irresistible Force Meets Immovable Object?

In September 2020, the New Mexico Environment Department (NMED) finalized the settlement of an enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of...more

Your Mission, Should You Choose To Accept It…: The “Innovative Ways To Destroy PFAS Challenge”

In July 2020, we posted on takeback disposal options for some PFAS-containing firefighting foams, with a caveat about recent actions taken by the New York State Department of Environmental Conservation (NYDEC) to suspend...more

State AFFF Takeback Programs May Provide Appropriate Disposal Options For Local Authorities And Other Users Of Older...

As more states develop regulatory standards for PFAS, many are also recognizing that certain formulations of firefighting foams that were manufactured into the early 2000s or earlier contain legacy PFAS compounds, including...more

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