On September 5, 2024, EPA published a direct final rule delaying by eight months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011-2022. This rule...more
Three states have lodged a petition with EPA, seeking the listing of four PFAS compounds as hazardous air pollutants (HAPs) under the Clean Air Act (CAA). In the petition, dated August 29, 2024, the North Carolina Department...more
A legal challenge is pending in the D.C. Circuit Court of Appeals with respect to EPA’s April 19, 2024 final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under...more
On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more
On July 1, 2024, CalRecycle published an updated list of covered material categories as required by California’s extended producer responsibility (EPR) law. SB 54 was signed into law by Governor Newsom in June 2022 and...more
On June 12, 2024, in Personal Care Products Council v. Bonita (No. 23-1006), the U.S. District Court for the Eastern District of California issued a preliminary injunction regarding enforcement of Prop 65's warning...more
On June 10, 2024, in Center for Environmental Health v. Regan (No. 23-1476), the Fourth Circuit Court of Appeals held that federal courts do not have jurisdiction to review EPA’s grant of a petition under the Toxic Substances...more
Two legal challenges have been filed in the D.C. Circuit Court of Appeals with respect to EPA’s April 10, 2024, final rule setting legally enforceable Maximum Contaminant Levels (MCLs) for six PFAS in drinking water...more
On May 31, CalRecycle posted a Request for Proposal (RFP) for a Disposal Facility-Based Material Characterization Study pursuant to SB 54. SB 54 was signed into law by Governor Newsom in June 2022. Among other things, SB 54...more
On May 17, 2024, Public Employees for Environmental Responsibility (PEER) and Center for Environmental Health (CEH) gave notice of intent to sue under section 20(a)(2) of the Toxic Substances Control Act (TSCA). This notice...more
SB 343 was passed by the California Legislature and signed into law by Governor Newsom in 2021, and it was intended to limit deceptive or misleading claims about the recyclability of products and packaging. It sought to do so...more
On May 16, 2024, President Biden signed the FAA Reauthorization Act of 2024 (the “Act”), which includes two provisions supporting airports’ transition to PFAS-free firefighting foams. Section 762 of the Act, also known as the...more
On May 10, 2024, OEHHA issued a notice of proposed rulemaking to adopt a Proposition 65 No Significant Risk Level (NSRL) for titanium dioxide (airborne, unbound particles of respirable size). This chemical was listed as a...more
On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. The designation of these two PFAS...more
Among the wide-ranging impacts of EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA may be increased liability for trustees and beneficiaries of...more
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
4/29/2024
/ CERCLA ,
Clean-Up Costs ,
Contamination ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Liability ,
PFAS ,
Public Health
The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are...more
Two days after EPA announced Maximum Contaminant Levels (MCLs) for six PFAS in drinking water, 15 California cities and water districts filed a lawsuit seeking injunctive relief and damages, based in part on the requirements...more
Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive...more
On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable Maximum Contaminant Levels (MCLs) and health-based, non-enforceable Maximum Contaminant Level...more
In an opinion filed on March 29, 2024, the First District Court of Appeal found that a CEQA claim was not mooted by completion of a project to demolish an existing shooting range and to construct a new shooting range...more
The California Office of Environmental Health Hazard Assessment (OEHHA) has adopted public health goals (PHGs) for drinking water of 0.007 parts per trillion (ppt) for perfluorooctanoic acid (PFOA) and 1 ppt for...more
On February 21, 2024, State Sen. Nancy Skinner introduced SB 903 – the “Ending Forever Chemicals Act.” SB 903 follows in the footsteps of similar laws already passed in Maine and Minnesota, and, if passed, will prevent the...more
On February 28, 2024, the FDA announced the complete cessation of sales of PFAS-containing grease-proofing materials for use in food packaging in the U.S. market. According to the FDA, the announcement was the culmination of...more
On February 8, 2024, EPA published a proposed rule that would list the following nine PFAS as hazardous constituents under the Resource Conservation and Recovery Act (RCRA): PFOA, PFOS, PFBS, HFPO-DA (also known as GenX),...more