On May 1, 2024, Colorado governor Jared Polis signed SB-81, a bill entitled the "Perfluoroalkyl and Polyfluoroalkyl Consumer Protection Act." As discussed below, this bill expands Colorado’s existing restrictions on the use...more
On April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced that it is designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
4/29/2024
/ CERCLA ,
Contamination ,
Department of Transportation (DOT) ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Potentially Responsible Party (PRP) ,
Reporting Requirements ,
Site Remediation ,
Toxic Chemicals ,
Wastewater
On April 10, 2024, the United States Environmental Protection Agency (“EPA”) issued its long-anticipated National Primary Drinking Water Regulation (“NPDWR”) establishing Maximum Contaminant Levels (“MCLs”) for certain PFAS...more
As discussed in more detail in BCLP’s 2023 federal recap client alert, per- and polyfluoroalkyl substances (“PFAS”) were a major focus for the United States Environmental Protection Agency (“EPA”) in 2023, and 2024 will...more
As expected, 2023 was an expansive year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took (or at least proposed)...more
2/8/2024
/ CERCLA ,
Clean Water Act ,
Contaminated Properties ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Standards ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Water Supplies
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more
Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public...more
In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
On September 28, 2023, the United States Environmental Protection Agency (“EPA”) issued a pre-publication rule for reporting and recordkeeping requirements regarding per- and polyfluoroalkyl substances (“PFAS”) under the...more
10/6/2023
/ Commercial Use ,
Compliance ,
Contamination ,
Discharge of Pollutants ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Imports ,
Look-Back Measurement Period ,
Manufacturers ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more
1/19/2023
/ CERCLA ,
Contaminated Properties ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
Permits ,
PFAS ,
Public Health ,
Remediation ,
Site Remediation ,
Superfund ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”), many states have started regulating PFAS compounds in drinking water. The result is a patchwork of regulations...more
As anticipated, 2021 was an eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. BCLP has highlighted the key developments in this document, but this is not intended to be a...more
1/13/2022
/ Biden Administration ,
Consumer Product Companies ,
Department of Defense (DOD) ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Hazardous Waste ,
Infrastructure ,
Manufacturers ,
NDAA ,
PFAS ,
RCRA ,
Regulatory Agenda ,
Reporting Requirements ,
Toxic Chemicals ,
Wastewater
As with many other states, Arizona has begun taking certain measures to address per and polyfluoroalkyl substances in drinking water and firefighting foam. This client alert reflects the status of PFAS regulations in Arizona...more
Typically when considering the regulatory risk presented by per- and polyfluoroalkyl (“PFAS”) compounds, businesses think of the regulation of drinking water, groundwater, and consumer products. However, there is an increased...more
5/26/2021
/ Air Pollution ,
Clean Air Act ,
Consent Decrees ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NDAA ,
Permits ,
PFAS ,
Regulatory Requirements ,
State and Local Government
On March 28th President Trump signed the Executive Order on Promoting Energy Independence and Economic Growth (the “Executive Order”) signaling a sea change in the way that the executive branch will regulate industries and...more