The U.S. Environmental Protection Agency (“EPA” or “the Agency”) has announced that it is delaying the reporting period for its controversial per- and polyfluoroalkyl substances (“PFAS”) disclosure rule eight months, with...more
As Maine struggles to develop a reporting system in the wake of the legislature’s overhaul of the Pine Tree State’s PFAS reporting requirements, the Minnesota Pollution Control Agency (“MPCA”) announced that it aims to begin...more
The U.S. Environmental Protection Agency (“EPA” or “the Agency”) has announced that it is proposing to ban the solvent 1-bromopropoane (“1-BP”) under the Toxic Substances Control Act (“TSCA”) in all but one consumer product,...more
Joining the ranks of California, Maine, New York, Colorado, Minnesota, and Washington, Rhode Island has officially finalized a ban on the manufacture, sale, and distribution of numerous products (as well as Class B...more
Roughly eight months have passed since California’s Office of Environmental Health Hazard Assessment (OEHHA) last proposed to amend its Prop 65 regulations on “short-form” and internet warnings provisions. Now, in response...more
The U.S. Environmental Protection Agency (“EPA” or “the Agency”) has finalized the addition of seven per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) program, publishing the final rule in...more
On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or “the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms...more
After years of tumultuous and unpredictable regulatory uncertainty, the Maine Legislature has again decided to overhaul the state’s PFAS in Products program, dramatically shrinking the scope of the reporting requirements and...more
Supreme Court Justice Louis Brandeis once opined that “a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”...more
On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or “the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms...more
Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances...more
4/18/2024
/ CERCLA ,
Clean-Up Costs ,
Contamination ,
Continuing Legal Education ,
Due Diligence ,
Environmental Liability ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
Events ,
Hazardous Substances ,
Investigations ,
Lenders ,
Manufacturer Liability ,
PFAS ,
Property Owners ,
Real Estate Transactions ,
Risk Assessment ,
Risk Management ,
Safe Drinking Water Act
Echoing recent revisions strengthening the Risk Management Program under the Clean Air Act, the U.S. Environmental Protection Agency (“EPA” or “the Agency”) on March 14, 2024 finalized a rule requiring certain facilities to...more
Rest assured, you can stop worrying about ingesting “forever chemicals” when you use fast-food wrappers, microwave popcorn bags, and take-out paperboard containers. Last week, FDA announced here that so-called...more
California’s extensive regulatory approach to per- and polyfluoroalkyl substances (“PFAS”) is poised to take a dramatic step forward with a proposed ban on the “forever chemicals” in most consumer products. Following the...more
In the final hours of 2023, our colleagues over at Ad Law Access highlighted the numerous regulatory bodies that spent the year clamping down on “greenwashing” advertising practices – such as the Federal Trade Commission’s...more
On January 31, 2024, the United States Environmental Protection Agency (“EPA” or “the Agency”) issued a proposal to amend Resource Conservation and Recovery Act (“RCRA”) regulations to include nine specific per- and...more
The new year marks the final one of U.S. EPA’s Per- and Polyfluoroalkyl Substances (“PFAS”) Strategic Roadmap, and so it is only fitting that the Agency begins 2024 by adding seven additional PFAS to the Toxic Release...more
In a momentous decision, a federal court of appeals has held that the First Amendment prohibits California from requiring businesses to provide a warning under Proposition 65 for potential exposure to glyphosate. The ruling...more
Whether Nero actually fiddled while Rome burned is historically questionable, though it was undoubtedly true that the mad emperor focused on the trivial during a time of emergency. California leaves no such room for...more
Earlier today, the U.S. Environmental Protection Agency (“EPA”) finalized elimination of the de minimis exemption for reporting of per- and polyfluoroalkyl substances (“PFAS”) under the Toxic Release Inventory (“TRI”). EPA is...more
So-called “forever chemicals,” per- and polyfluoroalkyl substances (“PFAS”) were barely on the regulatory radar screen a decade ago. Now, much like the most recent Best Picture award winner, PFAS are seemingly “Everything...more
The Consumer Product Safety Commission (CPSC) is initiating a wide-ranging data collection effort on the use and presence of per- and polyfluoroalkyl substances (PFAS) in consumer products. As detailed in a September 30...more
The so-called “Skittles Ban” is no more, but earlier this week the California legislature passed a novel bill that would ban four food additives from grocery store shelves starting in 2027. Governor Newsom has until October...more
After years of back-and-forth, the Maine Department of the Environment (“MDEP”) is seeking comment (by this coming Monday) on a “concept draft” regulation identifying the types of food packaging that would fall under a 2019...more
Joining the ranks of California, Minnesota, Maine, and New York, Washington state has officially finalized a ban on the manufacture, sale, and distribution of a variety of products containing per- and polyfluoroalkyl...more