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EPA Confirms Support for Regulation of PFAS as Hazardous Substances under Biden-Era CERCLA Rule

The US Environmental Protection Agency (EPA) recently announced its decision to continue fighting a petition in the US District Court of Appeals for the District of Columbia (DC Circuit) challenging a Biden-era rulemaking...more

Resetting the Process: EPA Proposes Scaled-Back Requirements for Chemical Risk Evaluations

The US Environmental Protection Agency (EPA) has proposed a potential reset of the risk evaluation process under the Toxic Substances Control Act. If adopted, the proposal would roll back certain procedural requirements of...more

US Administration’s Unified Agenda Advances Environmental Deregulatory Push

The US administration recently published its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, providing an overview of the federal regulatory priorities over the next several months. The agenda reflects the...more

EPA Extends PFAS Reporting Deadline Under Toxic Substances Control Act Once More

EPA’s May 13 interim final rule, which extended the start and end dates of the PFAS Toxic Substances Control Act Section 8(a)(7) reporting period for all manufacturers by nine months, was EPA’s second such extension to the...more

Supreme Court to Resolve Federal Officer Removal Circuit Split in WWII Contracts Case

The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more

Emerging Trends in State-Level PFAS Regulation and Litigation

As the US Environmental Protection Agency (EPA) under Administrator Lee Zeldin lays out an ambitious regulatory agenda related to perfluoroalkyl and polyfluoroalkyl substances (PFAS), state lawmakers, state attorneys general,...more

US EPA Announces Ambitious PFAS Agenda

On April 28, 2025, US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced ambitious plans to advance regulation of perfluoroalkyl and polyfluoroalkyl substances (PFAS). The plans include the near-term...more

TCE Rule Takes Effect but Ultimate Fate Is Still Unknown

The US Environmental Protection Agency’s final rule to regulate trichloroethylene recently went into effect, triggering compliance deadlines for implementing the prohibition and Workplace Chemical Protection Programs even...more

US Congress Employs Congressional Review Act to Target EPA Final Rule on TCE

Republican lawmakers introduced on January 22, 2025 a Congressional Review Act (CRA) resolution to overturn a US Environmental Protection Agency rule limiting the use of trichloroethylene (TCE) under the Toxic Substances...more

EPA Releases Final National Strategy to Prevent Plastic Pollution

The US Environmental Protection Agency (EPA) on November 21 published the National Strategy to Prevent Plastic Pollution (the Strategy). Through the Strategy, EPA aims to address plastic pollution and its effects on human...more

New York and California: Bans on PFAS in Textiles and Apparel Begin January 1, 2025

Bans in California and New York on textile articles and apparel containing per- and polyfluoroalkyl substances (PFAS) will take effect January 1, 2025. That same day, Colorado will commence its phased approach to prohibit...more

EPA Delays Start of Toxic Substances Control Act Reporting Period for PFAS Data

The US Environmental Protection Agency (EPA) issued a direct final rule on September 5 that will delay the beginning of the per- and polyfluoroalkyl substances (PFAS) reporting period under the Toxic Substances Control Act...more

Life Sciences Post-Chevron: Navigating the Range of Legal and Regulatory Challenges Raised by Loper Bright

The US Supreme Court’s decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, which overrules the longstanding Chevron doctrine that required federal courts to defer to administrative...more

EPA Designates PFOA and PFOS As CERCLA Hazardous Substances

The US Environmental Protection Agency (EPA) on April 19 released the pre-publication final rule (Rule) designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the...more

EPA Finalizes New Enforceable National Drinking Water Regulation

On April 10, 2024, the US Environmental Protection Agency (EPA) finalized its highly anticipated new rule aimed at reducing the level of certain per- and polyfluoroalkyl substances (PFAS) in drinking water. The final rule is...more

California EPA Adopts Public Health Goals for PFOA and PFOS

The California Environmental Protection Agency (CalEPA) on April 5 set new public health goals for two per- and polyfluoroalkyl substances (PFAS) in drinking water, signaling the possibility of strict regulation by the state....more

That’s a Wrap: FDA Announces Phase-Out of PFAS in Certain Food-Packaging Materials

The US Food and Drug Administration (FDA) recently announced that manufacturers have completed the voluntarily phase-out of the use of certain per- and polyfluoroalkyl substances (PFAS) in grease-proofing agents for food...more

EPA Releases Proposed Resource Conservation and Recovery Act PFAS Rules

The US Environmental Protection Agency (EPA) published on February 8, 2024 two proposed rules addressing per- and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). The rules, if...more

The Trends—and Traps—that Will Shape 2024

At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more

EPA Releases List of Known PFAS Chemicals Covered by New Reporting Rules

The US Environmental Protection Agency (EPA) published on January 26, 2024 a list of specific per- and polyfluoroalkyl substances (PFAS) that trigger reporting requirements under EPA’s recently promulgated Toxic Substances...more

New EPA Guidance Cuts Prior Residential Soil Lead Levels in Half

The US Environmental Protection Agency (EPA) recently lowered the recommended regional screening level (RSL) and regional removal management level (RML) for lead-contaminated soil in areas where children live and play from...more

EPA Releases Long-Awaited Final PFAS Reporting Rules

Following several extensions to its statutory deadline, the US Environmental Protection Agency (EPA) released its final Toxic Substances Control Act (TSCA) Reporting and Recordkeeping Requirements for Per- and Polyfluoroalkyl...more

Recent EPA Actions Show Why Companies Must Understand Products’ Individual Chemical Constituents

Historically, the US Environmental Protection Agency (EPA) has generally declined to regulate manufactured goods or finished products―known as “articles”―under the Toxic Substances Control Act (TSCA). This long-standing...more

Exploring the Universe of PFAS Regulation and Litigation

While Earth was completing yet another trip around the sun, many developments occurred within the per- and polyfluoroalkyl substances (PFAS) space, including the pending Comprehensive Environmental Response, Compensation, and...more

Reduce, Reuse, Regulate: The Current State of Plastic Waste Legislation in the United States

Three hundred million tons of plastics are produced each year worldwide. Less than 10% of plastic waste in the United States is recycled each year. With projections showing that plastics production is expected to triple over...more

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