On May 24, 2023, Minnesota enacted HF 2310, which includes a number of PFAS restrictions in consumer products. As discussed below, several categories of products can no longer contain intentionally added PFAS beginning on...more
On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more
5/23/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Impact Report (EIR) ,
Environmental Liability ,
Exemptions ,
Hazardous Substances ,
PFAS ,
Proposed Legislation ,
Public Health ,
Toxic Chemicals
If passed, Minnesota’s HF 2310 will prohibit the intentional use of PFAS in 11 categories of consumer products starting in January 2025, and would then prohibit the intentional use of PFAS in all other products sold in the...more
On July 1, 2023, eligible companies will need to submit their Toxics Release Inventory (“TRI”) annual reports. However, those reports may look a little different this year because companies will now have to consider, and in...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, numerous states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
Cosmetics marketed as “clean,” “cleaner” or “natural” are being challenged in class action lawsuits asserting that the cosmetics contain PFAS or other synthetic chemicals, and that the marketing claims are therefore false or...more
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, eleven states have enacted laws concerning PFAS substances in food containers and packaging...more
EPA has spent the last several years working on listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and...more
In July 2021, Maine enacted a law that requires the disclosure of any product that contains intentionally added PFAS, and eventually prohibits the sale and distribution of any product that contains intentionally added PFAS in...more
Last week, EPA issued its long-anticipated proposal for Maximum Contaminant Levels (“MCLs”) for certain PFAS compounds which, once finalized, will establish national limits for those compounds in drinking water. EPA has been...more
In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”), many states have started regulating PFAS compounds in drinking water. The result is a patchwork of regulations...more
PFAS in Children’s Products has become a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products. So far, seven states have enacted regulations...more
On December 15, 2022, the United States Environmental Protection Agency (“EPA”) published a final rule amending the Standards and Practices for All Appropriate Inquiries (“AAI”) to incorporate and adopt the American Society...more
As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more
1/19/2023
/ CERCLA ,
Contaminated Properties ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
Permits ,
PFAS ,
Public Health ,
Remediation ,
Site Remediation ,
Superfund ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Kathy Hochul, New York’s governor, recently signed a bill which prohibits the sale of apparel that contains “intentionally added” perfluoroalkyl and polyfluoroalkyl chemicals (“PFAS”) starting on December 31, 2023. New York...more
EPA’s PFAS Strategic Roadmap identifies several avenues for organizations that have historically used or currently use PFAS to remediate these compounds or remove them from waste streams or drinking water. While there are...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their...more
On December 5, 2022, the U.S. Environmental Protection Agency (“EPA”) proposed a rule that would increase reporting for many per- and polyfluoroalkyl (“PFAS”) substances in the Toxics Release Inventory (“TRI”) under Section...more
On October 28, 2022, the U.S. Environmental Protection Agency (“EPA”) listed 1,4-dioxane on the Fifth Contaminant Candidate List (“CCL 5”). This is an important step to EPA’s potential regulation of 1,4-dioxane under the Safe...more
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more
11/10/2022
/ Compliance ,
Contaminated Properties ,
Government Agencies ,
Hazardous Substances ,
Manufacturing Facilities ,
Mining ,
Oil & Gas ,
PFAS ,
Public Health ,
Regulatory Requirements ,
Toxic Chemicals
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, numerous states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
Workers may be exposed, and ultimately injured, by exposure to 1,4-dioxane. The principal pathway of exposure, as discussed below, is through inhalation....more
On September 29, 2022, California’s governor signed two bills which prohibit the manufacture, distribution, or sale of apparel, textiles, and cosmetics that contain “intentionally added” perfluoroalkyl and polyfluoroalkyl...more
In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more
9/23/2022
/ Cancer ,
Consumer Product Companies ,
Cosmetics ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
OEHHA ,
Personal Care Products ,
Proposed Legislation ,
Proposition 65 ,
Public Health ,
Regulatory Agenda ,
Toxic Chemicals
Most businesses understand the need to conduct environmental due diligence when buying or selling real estate, but many businesses may not have a good understanding of how to investigate and mitigate the potential risk posed...more