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The Impact of Chevron’s Demise on the Regulation of PFAS

On June 28, 2024, in its decision in Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Supreme Court held that its longstanding precedent granting deference to administrative agencies established in the 1984...more

PFOA and PFOS Are Now CERCLA Hazardous Substances

As we have previously reported, EPA has designated perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability...more

Designation of PFOA and PFOS as CERCLA Hazardous Substances to Become Effective on July 8, 2024

As previously reported, on April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid...more

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous...more

EPA Issues Final MCLs for PFOA, PFOS, PFNA, GenX, PFHxS, and PFBS

On April 8, 2024, the EPA Administrator signed the final rule establishing drinking water standards, also known as MCLs, for six PFAS (PFOA, PFOS, PFNA, GenX (HFPO-DA), PFHxS, and PFBS). The final MCLs for PFOA and PFOS are...more

SEC Stays Climate Disclosure Rules, Vows to Defend Rules in Court

On April 4, 2024, the Securities and Exchange Commission (SEC) pressed the pause button on the implementation of its recently approved climate disclosure rules for public companies until several legal challenges can be...more

SEC Issues Final Climate Risk Disclosure Rules

The Securities Exchange Commission (SEC) adopted final climate risk disclosure rules on March 6, 2024, nearly two years after the controversial proposed rules generated intense interest and debate. The Enhancement and...more

Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban...

By statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s...more

EPA Proposes to List Nine PFAS as RCRA Hazardous Constituents

On February 8, 2024, EPA published a proposed rule to list nine PFAS, their salts and their structural isomers, as hazardous constituents under RCRA regulations. If the proposed rule is finalized, the nine PFAS (PFOA, PFOS,...more

Hardwick Ohio PFAS Class Action Dismissed for Lack of Jurisdiction

The Sixth Circuit ruled that a complaint on which a trial court had certified a class that included every person subject to the laws of Ohio must be dismissed. The complaint was filed by Kevin Hardwick, a firefighter,...more

California’s Climate Accountability Package: What You Need To Know

California Governor Gavin Newsom recently signed into law two core bills of the state's “Climate Accountability Package, Senate Bill 253 (SB 253) and Senate Bill 261 (SB 261). As they currently stand, these laws impose...more

PFAS Class Action Against Cosmetic Company Dismissed

In March 2022, a putative class action lawsuit was filed in the U.S. District Court for the Southern District of New York against L’Oreal U.S.A., Inc. alleging that the company had violated a host of state consumer protection...more

Get Ready for SEC Final Rule on Climate Disclosures

More than a year and a half after the Securities and Exchange Commission (SEC) released its controversial and groundbreaking Proposed Rule for the disclosure of climate-related risks, its much-anticipated release of the Final...more

ESG Essentials: What You Need To Know Now - Episode 16 - ESG Backlash [Audio]

Media reporting on the ESG "backlash" has grown as lawmakers in some states pursue legislation to prevent government entities from doing business with investment firms and other businesses that consider environmental, social...more

ESG Essentials: What You Need To Know Now - Episode 15 - Climate Week NYC [Audio]

Get excited for Climate Week NYC with Rich Deming, CEO of East Energy Renewables, and episode host Karen Davis, Co-Chair of Fox Rothschild’s ESG Group. Listen to a sneak peek of the topics to be discussed in the Fox...more

PFAS Among EPA’s Enforcement Initiatives

On August 17, 2023, EPA’s Office of Enforcement and Compliance Assurance (OECA) released its National Enforcement and Compliance Initiatives (NECI) for FY 2024-2027, which include addressing exposure to PFAS as an enforcement...more

USGS Studies PFAS in Tap Water

As part of the PFAS Strategic Science Vision for the U.S. Geological Survey (“USGS”) and consistent with the National Defense Authorization Act for Fiscal Year 2020, which identified activities related to PFAS where USGS...more

EPA Receives Extensive Comments on its Proposed PFAS MCLs

On May 30, 2023, the comment period closed on EPA’s proposed maximum contaminant levels (“MCLs”) for six PFAS at which time EPA had received 97,793 comments. Under the proposed rule EPA would set MCLs for Perfluorooctanoic...more

EPA Announces $75 Million to Pennsylvania to Address PFAS/Emerging Contaminants and Proposed PFOA and PFOS Drinking Water...

On February 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced $75 million in funding under the Infrastructure Law to go to Pennsylvania to address PFAS and other emerging contaminants in drinking water....more

EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL Denied

As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

ESG Essentials: What You Need To Know Now - Episode 11 - Is the Future of ESG in Peril as Backlash Mounts? [Audio]

Our ESG podcast series features short episodes covering core ESG concepts. Each podcast explores important issues for businesses that are concerned with developing and deploying an ESG profile, responding to increased...more

City of Philadelphia Joins the Fray in Suit Against PFAS Manufacturers

On November 4, 2022, the City of Philadelphia filed suit against companies it alleges manufactured or distributed PFAS-containing AFFF and/or other PFAS Products. The City asserts claims in its capacity as a water provider, a...more

EPA Files Motion to Dismiss ACC Petition for Review of PFOA and PFOS HALs and Reports Proposed MCLs are Expected in 2022

On September 15, 2022, the U.S. Environmental Protection Agency (“EPA”) filed a motion to dismiss the American Chemistry Council (“ACC”)’s petition for review challenging EPA’s interim Lifetime Health Advisory Levels (“HALs”)...more

Chemours Appeals EPA’s GenX Health Advisory Level

On July 13, 2022, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory...more

Deep Dive: Governance Disclosures Under the SEC’s Proposed Climate-Related Disclosure Rule

Following up on our previous alerts looking at the Securities and Exchange Commission’s proposed rule for the “Enhancement and Standardization of Climate-Related Disclosures for Investors” (the Proposed Rule) and its GHG...more

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