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Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more

EPA's National Water Proposal on PFAS: A Point of National, Regional and Local Contention

As the tug of war between governmental agencies and the scientific community rages on concerning per- and polyfluoroalkyl substances (PFAS), the American Chemistry Council (ACC) has weighed in with a critique of the...more

North Carolina Attempts to Crack Down on PFAS Contamination

As EPA continues to review potential regulations for PFAS contamination in drinking water, some state regulatory bodies have decided not to wait for the federal government to act. North Carolina is the latest state to...more

Proposed Legislation to Phase Out PFAS in Massachusetts

More than a year after the Massachusetts PFAS Interagency Task Force recommended 30 steps to address PFAS contamination, Rep. Kate Hogan and Sen. Julian Cyr proposed an Act to Protect Massachusetts Public Health from PFAS, HD...more

EPA Announces Six-Month Delay of Final Rule Designating PFAS as Hazardous Substances

As legislators and regulators continue to ramp up efforts to mitigate exposures to per- and poly-fluoroalkyl substances (PFAS), the Environmental Protection Agency (EPA) has just announced a six-month extension to set forth a...more

Court Continues AFFF MDL Bellwether Trial to Provide Time to Reach Settlement

This morning, Judge Richard Gergel of the US District Court for the District of South Carolina—the judge presiding over multidistrict litigation (MDL) concerning Aqueous Film Forming Foam (AFFF)—continued the City of Stuart...more

EPA Announces Policy of Enforcement Discretion in PFAS Regulation

In October 2021, the US Environmental Protection Agency (EPA) released its Per- and Polyfluroalkyl Substances (PFAS) Strategic Roadmap, the stated goal of which was to, “hold polluters accountable.” Pursuant to the roadmap,...more

Proposed Carve-Out Permits Settling Litigants to Recover Costs of PFAS Cleanup in New York

New York has proposed an amendment that would permit settling parties, in tort claims, to pursue contribution claims for the costs of remediating PFAS contamination. As means of encouraging settlements in civil lawsuits, New...more

Risk of Injury is Not an Injury: New Hampshire Supreme Court Declines to Recognize Medical Monitoring

Last week, the New Hampshire Supreme Court held that state law does not recognize medical monitoring as a remedy or cause of action for plaintiffs who allege that they were exposed to a toxic substance. In Kevin Brown v....more

How Low Can You Go? EPA Issues Proposed PFAS Maximum Contaminant Levels

On March 14, 2023, the US Environmental Protection Agency (EPA) proposed the first federally enforceable maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances (PFAS) in drinking water. In a move that...more

EPA Proposes to Add Environmental Justice, Climate Change and PFAS to National Enforcement and Compliance Initiatives for FY...

The Environmental Protection Agency (EPA) announced it is seeking public comment on its proposal to address environmental justice, climate change and per- and polyfluoroalkyl substances (PFAS) contamination in its National...more

EPA to Consider PFAS in Next Round of National Enforcement and Compliance Initiatives

On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments and recommendations on its National Enforcement and Compliance Initiatives (NECI) set to be implemented during its...more

DC Court of Appeals Dismisses Advocacy-Group Challenge to EPA's Safe Drinking Water Act for Lack of Standing

A federal court has dismissed an industry challenge to the EPA’s Safe Drinking Water Act (SDWA), which establishes health advisory levels (HALs) for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water. The...more

EPA Offers Guidance for Chemical-Exposure Assessments, but Its Risk Assessments Are Still Plagued by Inadequate Scientific Support

The US Environmental Protection Agency (EPA)'s Integrated Risk Information System (IRIS) Program undertakes assessments of exposures to various chemicals in order to determine corresponding health hazards and toxicity values....more

EPA's 2023 Plans For PFAS: High Costs, Uncertain Rewards

For the past few years, the U.S. Environmental Protection Agency has been working on regulations to minimize environmental contamination due to the use of per- and polyfluoroalkyl substances in industrial and consumer...more

A Year of Changes Under EPA's PFAS Strategic Roadmap

On November 17, 2022, the US Environmental Protection Agency (EPA) released “A Year of Progress Under EPA’s PFAS Strategic Roadmap,” which summarizes its actions since the PFAS Strategic Roadmap was released in October 2021....more

WHO’s Recent Guidance Underscores Uncertainty With Regard to PFAS

On September 29, 2022, The World Health Organization (WHO) published its draft guidance on perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”) in drinking water, which are the most widely studied of the...more

California To Pass Three Bills Regulating Use of PFAS in Cosmetics and Clothing

In recent years, state and federal agencies have either passed or proposed increasingly stringent regulations regarding the use of per-fluoroalkyl and poly-fluoroalkyl substances (PFAS) in consumer products. Not surprisingly,...more

Threat of Zero-Allowance Regulations Loom for Forever Chemicals

For many years, per- and polyfluoroalkyl substances (PFAS) have been ubiquitous in American commerce and industry. That ubiquitous use, and the fact that PFAS chemicals do not break down in the environment, has led to the...more

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