A recent Supreme Court ruling could further jeopardize EPA’s PFAS hazardous substance designation, as the agency is attempting to advance a novel use of delegated legislative authority to further regulate PFAS chemicals....more
9/5/2024
/ Administrative Agencies ,
CERCLA ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Hazardous Substances ,
Loper Bright Enterprises v Raimondo ,
PFAS ,
Regulatory Authority ,
Statutory Interpretation ,
Toxic Chemicals
On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances”...more
4/24/2024
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Reporting Requirements ,
Superfund ,
Toxic Chemicals
The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental...more
The Environmental Protection Agency (EPA) is continuing its push to regulate per- and polyfluoroalkyl substances (PFAS). Just last week, the agency’s revised PFAS regulations under the Safe Drinking Water Act (SDWA) cleared a...more
As in 2023, Congress continues to focus on PFAS issues in the first months of 2024. In this 118th Congress, at least 39 bills focused on PFAS have been introduced along with several dozen additional bills that tangentially...more
In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more
The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process.
The U.S. Environmental...more
EPA released a pre-publication notice of its long-anticipated proposed rule to designate certain PFOS and PFOA as CERCLA (Superfund) hazardous substances.
CERCLA hazardous substances designation would fulfill an important...more
New federal health advisory levels for per- and polyfluoroalkyl substances reflect added stringency of PFAS regulation and raise concerns about effective monitoring.
The Biden Administration’s EPA continues its push to...more
In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance...more
The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation.
The Biden administration continues the beat on PFAS regulation by releasing its...more
12/7/2021
/ Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
EPCRA ,
New Regulations ,
NPDES ,
PFAS ,
Rulemaking Process ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA)
What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS -
Federal and state governments use information requests and subpoenas to gather information about a business’s...more
6/29/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
CERCLA ,
Chemicals ,
Clean Air Act ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Information Requests ,
NDAA ,
PFAS ,
Proposition 65 ,
Risk Assessment ,
Safe Drinking Water Act ,
Subpoenas
Mounting public and regulatory concerns regarding widespread phthalate exposure may result in a rapid expansion of regulatory and litigation risk for impacted businesses.
Phthalates are chemicals found in a wide range of...more
6/16/2021
/ CERCLA ,
Clean Water Act ,
Consumer Product Safety Commission (CPSC) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
PFAS ,
Regulatory Standards ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more
2/23/2021
/ CERCLA ,
Clean Water Act ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
EPCRA ,
Hazardous Substances ,
Multidistrict Litigation ,
PFAS ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA)
A recent federal court decision serves as a reminder how a lack of attention to seemingly administrative details can have significant legal consequences.
Parties seeking to use a Phase I Environmental Site Assessment for...more
Due diligence and compliance challenges require flexible approaches and creative solutions.
The COVID-19 pandemic is impeding the ability of businesses to perform transactional environmental due diligence and usual...more
The U.S. Environmental Protection Agency recently issued two guidelines with far-reaching implications for real estate transactions involving contaminated sites, including sites owned by the Department of Defense. The...more