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

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

EPA has now listed two PFAS as Hazardous Substances under CERCLA. Hold onto your hats., Jeff Porter

Less than ten days after setting drinking water standards for six of the hundreds of chemicals known collectively as PFAS, EPA has now identified two of those PFAS that have been widely used for decades, PFOA and PFOS, as...more

The PFAS Liability Abyss

Some of you may be old enough to remember the movie Wall Street and, if you are, you might remember that just before Bud is taken into federal custody, Lou says “man looks in the abyss, there's nothing staring back at him....more

Really, that's the story you want to go with? EPA explains why it says "if" it designates PFOA and PFOS as hazardous substances...

One of the two things in EPA's National Enforcement and Compliance Initiative for PFAS that caught my eye also caught the eye of Suzanne Yohannan at Inside PFAS Policy. That thing was that EPA Assistant Administrator...more

EPA and many States have decided that PFAS can't be in the environment. Now Maine is learning how hard it is to stop them from...

Inside EPA reports that the Maine Department of Environmental Protection is having a hard time implementing a 2021 Maine law that would, between now and the end of 2029, ban the sale of any new products with “intentionally...more

EPA has concluded that PFAS are an "urgent public health and environmental issue" but everyone isn't on the same page about what...

EPA continues to make measurable progress toward the milestones it established in its 2021 PFAS road map. It has arranged for an assessment of the risks posed by these "forever chemicals" and concluded, based on those...more

As EPA continues to move toward identifying PFAS as Hazardous Substances, we continue to put them in the environment. Does that...

Massachusetts State Representative Kate Hogan seems to make a lot of sense when she says, about the continued widespread use of the "forever chemicals" known as PFAS, that "if we don't prevent it, all we're doing is...more

Does the Supreme Court have the stomach to tackle the super fun Superfund statute of limitations again?

This week our nation's highest court will decide whether to review the 6th Circuit's conclusion that a declaratory judgment of liability starts the statute of limitations clock for the liable party to bring a contribution...more

A rose or PFAS by any other name . . . .

With apologies to Mr. Shakespeare, and respect to the American Water Works Association, PFOS and PFOA, only two of the hundreds of "forever chemicals" collectively known as PFAS, are either as concerning as the hundreds of...more

Saying EPA's implementation of its PFAS road map is going to "increase legal liability" is like saying seat belts will cause more...

I was surprised to see a former EPA official opining that identifying two of the hundreds of forever chemicals known collectively as PFAS as "hazardous substances" under Federal law would "increase legal liability". ...more

The DOJ tells the multi-district PFAS litigation Judge what we all already knew -- naming any PFAS "hazardous substances" is a...

For years almost 2000 plaintiffs have been litigating in Federal Court in South Carolina against dozens of manufacturers and distributors of fire-fighting aqueous film-forming foams (AFFFs) that contain perfluorooctanoic acid...more

It's official. PFOA and PFOS will soon be "hazardous substances" from coast to coast.

Within days of Office of Management and Budget and Science Advisory Board blessings, EPA has formally proposed that PFOA and PFOS, two of the hundreds of "forever chemicals" collectively known as PFAS, be included among the...more

Will one PFAS consequence be cities and towns getting out of the water business?

Now that EPA has designated as "hazardous substances" at least two of the hundreds of "forever chemicals" known collectively as PFAS, does it make sense for the hundreds if not thousands of cities and towns across the country...more

EPA hit a PFAS speed bump at the White House Office of Management and Budget but don't expect a detour!

EPA has been cleared by the White House Office of Management and Budget to list two of the hundreds of chemicals collectively known as PFAS as "hazardous substances" under the Federal Superfund statute. This is one of the...more

Lots of PFAS news, none of it good.

A committee of the prestigious National Academies of Sciences, Engineering and Medicine this week recommended that the blood of perhaps tens of millions of Americans be tested for the presence of the ubiquitous "forever"...more

EPA's OLEM may not be looking to apply CERCLA to everyone's PFAS releases once they're Hazardous Substances but how much does that...

Inside EPA reports that EPA has been looking at "techniques and procedures" to apply CERCLA, also known as the Superfund statute, differently to "folks who are not responsible for causing" PFAS releases even though those...more

Uncertainty abounds as EPA works to reach any of the destinations on its PFAS road map but States press on.

Inside EPA reports today on the concerns of water suppliers needing to remove PFAS from drinking water. Among other things, PFAS removal results in residuals, or what you and I might call sludge, that won't be going the...more

Your Standard Environmental Site Assessment May Still Be Skipping Over PFAS

With all the attention on PFAS over the past few years, you might assume that your standard Environmental Site Assessment would assess the possibility that the property you're buying has been impacted by PFAS, the "forever...more

What isn't a "pollutant" requiring a permit under the Clean Water Act?

The County of Maui had another day in court this week, this time pleading with Federal District Judge Mollway to reconsider her renewed decision that the discharge of treated effluent from the Maui waste water treatment...more

Yes, patchwork makes for great quilts but not for environmental regulation and PFAS are no exception

This morning, Inside EPA reports on the challenges the regulated community faces because the Federal Government is considerably behind several states in the race to regulate any number of the hundreds if not thousands of...more

We're one step closer to comprehensive Federal regulation of PFAS

Yesterday the US House of Representatives passed a bill that would require EPA to regulate PFAS under every Federal environmental law that might possibly apply.  Nearly two dozen Republicans joined Democrats in voting for the...more

Safe Drinking Water Act Regulation Proposed for 29 PFAS. Will Superfund Coverage be Far Behind?

Inside EPA reports this morning that EPA is ready to propose the regulation of a group of 29 PFAS under the Federal Safe Drinking Water Act.  It remains to be seen how long it will take EPA to implement such regulations....more

Yes, let's "legislatively define" WOTUS!

Lara Beaven of Inside EPA is reporting this morning that US Senators Braun, Ernst, and Grassley have filed legislation that would end the longest running controversy in environmental law by providing a statutory definition of...more

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