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US Government Presses on with PFAS Regulation

The US government took another step toward further regulation of per- and polyfluoroalkyl substances (PFAS) on December 15 with the US Senate passing the National Defense Authorization Act for Fiscal Year 2022 by a vote of...more

Environmental Protection Agency Announces Three New Actions on PFAS

In keeping with the Biden-Harris administration’s commitments to strengthen federal regulation of per- and polyfluoroalkyl substances (PFAS), the US Environmental Protection Agency (EPA) announced three actions last week with...more

Environmental Protection Agency Issues Three New Actions on PFAS

In keeping with the Biden-Harris administration’s commitments to strengthen federal regulation of per- and polyfluoroalkyl substances (PFAS), the US Environmental Protection Agency (EPA) announced three actions last week with...more

EPA Releases Final Risk Evaluation for 1,4-Dioxane

The US Environmental Protection Agency’s controversial final risk evaluation for 1,4-dioxane found unreasonable risks to workers and occupational non-users for 13 out of 24 use conditions, but no unreasonable risks to the...more

EPA Supplemental TSCA Analysis Spurs Renewed Discussion over 1,4-Dioxane Regulation

The EPA’s supplemental analysis includes certain consumer exposures, as well as surface/ambient water exposures, to 1,4-dioxane. The US Environmental Protection Agency (EPA) released an expanded risk evaluation for...more

EPA Expected to Extend TSCA Chemical Data Reporting Deadline to 2021

The Environmental Protection Agency (EPA) is expected to announce that it will extend the deadline for the 2020 Toxic Substances Control Act (TSCA) chemical data reporting (CDR) period from November 30, 2020, to January 29,...more

US Ordered to Pay $20.3 Million to ExxonMobil for Cleanup of Wartime Environmental Pollution

The US District Court for the Southern District of Texas issued its third opinion on August 19 in the decade-long fight between Exxon Mobil Corporation (ExxonMobil) and the US government over who is responsible for the costs...more

EPA Issues Final PFAS Rule Under TSCA

The US Environmental Protection Agency (EPA) took another step on June 22 in advancing its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan by finalizing a Significant New Use Rule (SNUR) for long-chain perfluoroalkyl...more

Efforts to Regulate PFOS and PFOA Move Ahead in the Wake of COVID-19

As part of the EPA’s recent efforts to advance its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan (PFAS Action Plan), the EPA announced on February 20 its preliminary determination to regulate perfluoroctanesulfonic...more

Rollback of Obama-Era Fuel-Efficiency Standards Faces Challenges in Courts and Congress

Earlier this year, the administration of US President Donald Trump issued the Safer Affordable Fuel-Efficient Vehicles Rule (SAFE Rule), rolling back vehicle fuel-efficiency standards adopted under the administration of...more

EPA Targets Unregistered Disinfectant Products

With demand for disinfectants heightened during the coronavirus (COVID-19) pandemic, the EPA has committed to strictly enforcing the registration requirements for pesticide disinfectant products. In a recent example, the...more

EPA Takes Action to Streamline Pesticide Disinfectant Production

The US Environmental Protection Agency issued a revised temporary amendment to ensure that pesticide disinfectant products remain available during the coronavirus (COVID-19) pandemic by taking measures to address supply chain...more

COVID-19: EPA Releases Interim Guidance for Cleanup Sites

The US Environmental Protection Agency (EPA) has released additional interim guidance for field work decisions at cleanup sites under EPA authority, emphasizing its commitment to ensuring the health and safety of the public,...more

Trump Administration Rolls Back Obama-Era Fuel-Efficiency Standards

The administration of US President Donald Trump issued the Safer Affordable Fuel-Efficient Vehicles Rule (SAFE Rule) on March 31. A joint effort of the US Environmental Protection Agency and the National Highway Traffic...more

COVID-19: EPA Announces Policy for Enforcement, Compliance Assurance Programs

The US Environmental Protection Agency announced a temporary policy regarding its enforcement of certain environmental legal obligations in an effort to protect workers and the public from exposure to the coronavirus...more

California’s New Priority Product Under SCP Program: Carpets/Rugs Containing PFAS

California's Department of Toxic Substances Control recently proposed to add carpets and rugs containing perfluoroalkyl or polyfluoroalkyl substances (PFAS) as a Priority Product under the state’s Safer Consumer Products...more

COVID-19: EPA, Other Federal Agencies Continue Processing FOIA Requests—For Now

In response to heightened Freedom of Information Act (FOIA) activity since 2012, federal agencies have increased their FOIA staff by 21%. This staffing increase has contributed to a nearly 70% surge in federal government...more

Challenges to Environmental Investigations and Cleanups During the COVID-19 Crisis

The rapidly evolving coronavirus (COVID-19) crisis has given rise to several immediate impacts to ongoing cleanups of contaminated sites under state and federal environmental laws. Business closures and remote work...more

New York State Lengthens Statute of Limitations for Water Provider Contamination Lawsuits

New York Governor Andrew Cuomo signed legislation (S.3337C/A.5477C) on November 4 amending the New York Civil Practice Law and Rules to add new Section 214-h, which effectively lengthens the statute of limitations for claims...more

EPA Issues Nationwide PFAS Action Plan

The US Environmental Protection Agency (EPA) on February 14 issued its Action Plan for Per- and Polyfluoroalkyl Substances (PFAS), identifying a number of short- and long-term steps that it plans to take to identify the risks...more

New ATSDR Study, Released Amid Controversy, Calls Current EPA Recommendations into Question

The Agency for Toxic Substances and Disease Registry issued a draft report on June 20 on perfluoroalkyl compounds, suggesting that current advisory guidelines for exposure to such contaminants may be too high. The draft...more

Tenth Circuit Finds Price-Anderson Act Does Not Preempt Nuisance Claims

This decision departs from all other federal circuits that have addressed the issue and, if adopted by other courts, represents a significant expansion of potential liability for operators in the nuclear energy industry....more

Fifth Circuit Relieves Company of "Arranger" Liability under CERCLA

In Vine Street LLC v. Borg Warner Corp., No. 07-40440, the Fifth Circuit held that, in light of the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), BorgWarner...more

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