Following the completion of briefing in the challenge to EPA’s rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), oral argument has...more
1/15/2026
/ Appeals ,
Appellate Courts ,
CERCLA ,
Chamber of Commerce ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Oral Argument ,
PFAS ,
Regulatory Authority ,
Rulemaking Process ,
Statutory Interpretation ,
Toxic Chemicals
As previously reported, in the context of litigation by utilities challenging Maximum Contaminant Levels (“MCLs”) for PFAS in drinking water, the United States Environmental Protection Agency (“EPA”) filed a Motion to Vacate...more
1/2/2026
/ Administrative Procedure Act ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Notice and Comment ,
PFAS ,
Rulemaking Process ,
Safe Drinking Water Act ,
Statutory Interpretation ,
Vacated ,
Vacatur
As previously reported, the U.S. Chamber of Commerce and two other trade groups have challenged EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. On November 14, 2025, petitioners filed their Joint...more
11/25/2025
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
CERCLA ,
Chamber of Commerce ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Regulatory Oversight ,
Rulemaking Process ,
Statutory Interpretation ,
Toxic Chemicals ,
Vacatur
On October 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s unopposed motion to hold the PFAS drinking water standards litigationin abeyance due to the lapse in appropriations as a result of the...more
10/28/2025
/ Administrative Procedure Act ,
Appeals ,
Appellate Courts ,
Drinking Water ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Government Shutdown ,
Hazardous Substances ,
PFAS ,
Rulemaking Process ,
Safe Drinking Water Act ,
Stays ,
Vacated ,
Vacatur
The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known...more
8/25/2025
/ Appeals ,
Drinking Water ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Rulemaking Process ,
Safe Drinking Water Act ,
Stays
EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA.
EPA requested the U.S. Court of...more
6/13/2025
/ Appeals ,
CERCLA ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Regulatory Agencies ,
Regulatory Requirements ,
Rulemaking Process ,
Stays ,
Toxic Chemicals
On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as...more
On April 8, 2025, the U.S. Environmental Protection Agency (EPA) requested the U.S. Court of Appeals for the D.C. Circuit extend the abeyance in the challenge to EPA’s Final Rule establishing PFAS MCLs. The petitioners and...more
A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision,...more
2/14/2025
/ Appeals ,
CERCLA ,
Compliance ,
Contamination ,
Enforcement Actions ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Regulatory Agenda ,
Regulatory Requirements ,
Toxic Chemicals
Petitioners filed their opening briefs in the consolidated challenge to the Environmental Protection Agency’s (“EPA’s”) Final Rule establishing Maximum Contaminant Levels (“MCLs”) and Maximum Contaminant Level Goals (“MCLGs”)...more
Businesses selling intoxicating hemp products in New Jersey without a cannabis license could soon face significant fines. Governor Phil Murphy signed Senate Bill No. 3235 on Sept. 12, 2024, regulating intoxicating hemp...more
On September 5, 2024, the U.S. Environmental Protection Agency (EPA) announced an 8-month extension of EPA’s final reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7)...more
The U.S. Court of Appeals for the Third Circuit dismissed a petition filed by The Chemours Company FC, LLC (“Chemours”) challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of...more
On June 28, 2024, in its decision in Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Supreme Court held that its longstanding precedent granting deference to administrative agencies established in the 1984...more
The U.S. District Court for the District of South Carolina approved two major settlements in the multidistrict litigation (“MDL”) that consolidated thousands of cases related to per- and polyfluoroalkyl substances (“PFAS”)...more
The Fifth Circuit issued a decision vacating two EPA orders directing Inhance Technologies (Inhance) to close its barrier technology facilities. As its basis for issuing the orders, EPA had identified Inhance’s fluorination...more
California Governor Gavin Newsom recently signed into law two core bills of the state's “Climate Accountability Package, Senate Bill 253 (SB 253) and Senate Bill 261 (SB 261).
As they currently stand, these laws impose...more
As previously reported, The Chemours Company FC, LLC (“Chemours”) challenged the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX, in the U.S....more
As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more
On January 23, 2023, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s motion to dismiss a petition filed by the American Chemistry Council (“ACC”) challenging EPA’s interim...more
Those anticipating the EPA’s promised end-of-year drinking water regulations may have to wait for the new year. Per EPA’s rulemaking webpage, the agency’s anticipated notice of proposed rulemaking (NPRM) for national primary...more