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EPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage Sludge

On January 15, 2025, the United States Environmental Protection Agency (EPA) released a Draft “Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public comment. EPA...more

Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA

We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and...more

EPA Revises Schedule for Anticipated CERCLA PFOA and PFOS Hazardous Substance Designation

In September 2022, the United States Environmental Protection Agency (“EPA”) proposed to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), including their salts and structural isomers, as...more

EPA Requests Comments on Whether to Add More PFAS as “Hazardous Substances” under CERCLA

On April 13, 2023, the United States Environmental Protection Agency (“EPA”) published an Advanced Notice of Proposed Rulemaking (“ANPRM”) in the Federal Register that requested comments on whether EPA should consider...more

EPA Proposes Designation of PFOA and PFOS as Hazardous Substances under CERCLA

On September 6, 2022, the United States Environmental Protection Agency (EPA) published in the Federal Register its proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their...more

How to Respond to an EPA or PADEP PFAS Information Request

As part of its “PFAS Strategic Roadmap,” EPA has stated that it intends to designate PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Responses, Compensation, and Liability Act (CERCLA). EPA took...more

EPA Issues New Drinking Water Health Advisory Levels for PFOA, PFOS, PFBS, and GenX

On June 15, the United States Environmental Protection Agency (EPA) announced its issuance of lifetime drinking water health advisory levels (HALs) for four per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid...more

Impact Of “Hazardous Substance” CERCLA Designation On State Superfund Laws

We’ve discussed in our previous posts the process that EPA will likely use to designate PFOA and PFOS as “hazardous substances,” how that designation will impact responsible parties, and what effects it may have on current...more

Potential Impact PFOA And PFOS Designation As “Hazardous Substance” On Ongoing EPA-lead Investigations And Remediations

In two of our previous posts, we discussed the United States Environmental Protection Agency’s (EPA) “Hazardous Substance” Designation Process and the Implications of a Designation on Responsible Parties. Here, in this post,...more

Implications Of EPA Designation Of PFOA and PFOS As “Hazardous Substances”

The Biden Administration has pledged to designate certain PFAS as hazardous substances under federal law. What effect would the United States Environmental Protection Agency’s (EPA) designation of PFOA and PFOS as “hazardous...more

EPA’s PFOA And PFOS “Hazardous Substance” Designation Process

For the past several years, much attention has been focused on the United States Environmental Protection Agency’s (EPA) legal authority to respond to PFAS contamination. When EPA published its PFAS Action Plan in February...more

Duty To Defend: Under North Carolina Law, Insurer Must Defend Personal Injury Claims Arising From Direct Exposure To AFFF Despite...

The U.S. District Court in the Western District of North Carolina recently held in Colony Insurance Co. v. Buckeye Fire Equipment Co. that an insurance company must defend personal injury claims arising from direct exposure...more

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