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Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more

PFAS Hazardous Substance Designation Under CERCLA Challenged

On July 8, 2024, the U.S. Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and isomers, as hazardous substances under the...more

The PFAS Matrix: Potential Risks, Corrective Actions, and Regulatory Compliance

Per- and polyfluoroalkyl substances (PFAS), often dubbed “forever chemicals,” are increasingly scrutinized for their environmental persistence and possible health risks. Businesses that manufacture, use, or dispose of PFAS...more

PFAS as CERCLA Hazardous Substances: Impact on Commercial Real Estate Transactions

On July 8, 2024, the U.S. Environmental Protection Agency (EPA)’s Final Rule in the Federal Register officially designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as “hazardous substances” under...more

EPA’s PFAS Enforcement Discretion and Settlement Policy Under CERCLA

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous...more

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more

EPA Finalizes PFAS Safe Drinking Water Regulations

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act. The NPDWR established legally enforceable levels,...more

EPA’s Long Arm Reach: PFAS TSCA Rule

On October 11, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances...more

EPA Test Methods 1633 and 1621 Shape Future of PFAS Management

The U.S. Environmental Protection Agency (EPA) finalized Test Methods 1633 and 1621, environmental sampling methods for analyzing up to 40 target per- and polyfluoroalkyl substances (PFAS) in soil, groundwater, and other...more

EPA Proposes Adding Nine PFAS to RCRA

The United States Environmental Protection Agency (EPA) has announced a proposition to add nine per- and poly-fluoroalkyl substances (PFAS) to the list of hazardous wastes under the Resource Conservation and Recovery Act...more

Establishing and Challenging Standing in PFAS Litigation

The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more

Ohio Appeals Court Issues Landmark PFAS Decision

The case of Hardwick v. 3M, a Per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more

PFAS and the Clean Water Act: Considerations for Wastewater Treatment Plants

The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act...more

EPA Adds 9 PFAS to Toxic Release Inventory List

The U.S. Environmental Protection Agency (EPA) has recently finalized the addition of nine per- and polyfluoroalkyl substances (PFAS) to the Toxic Release Inventory (TRI) reporting program. This change came ahead of the...more

Contamination, PFAS, and the Cannabis Industry

Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chemicals used in various industries, such as food packaging, cosmetics, and household products. More than 10,000 chemical substances can be classified as...more

EPA Pushes Back PFAS Hazardous Substance Designation

On June 13, 2023, the Environmental Protection Agency (EPA) released its Spring 2023 Unified Agenda, which pushes back the estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS)...more

EPA PFAS Enforcement Has Begun

The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more

PFAS in the Food and Beverage Industry: The Next Big Target

The food and beverage industry faces a growing concern regarding per- and polyfluoroalkyl substances (PFAS), a group of synthetic chemicals that studies have shown may demonstrate adverse effects to health and the...more

EPA Sets PFAS Enforcement Sights on Manufacturing Industry

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are dominating the environmental health news cycles based on numerous studies which demonstrate their potential risks. The U.S. Environmental Protection Agency (EPA) is...more

EPA’s New PFAS Drinking Water Regs: Are You Prepared?

On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed the first national drinking water standard for so-called “forever chemicals” including PFAS. The unprecedented move by EPA is likely to create an...more

What’s In Your Permit?

On November 30, 2020, a workgroup within the United States Environmental Protection Agency (EPA) released information about a memorandum to the U.S. EPA Regional Administrators summarizing an Interim Strategy for Per- and...more

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