News & Analysis as of

Contamination State and Local Government

Bergeson & Campbell, P.C.

U.S. State PFAS Initiatives — A Conversation with Richard E. Engler, Ph.D. and Carla N. Hutton

This week, I discuss with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the ever-expanding...more

Goldberg Segalla

Breaking News: Significant PFAS Settlement in New Jersey

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Another major settlement was announced this week in New Jersey in consolidated cases filed by the New Jersey Department of Environmental Protection and other state entities. (You can review the Judicial Consent Order here as...more

K&L Gates LLP

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

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What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past...more

Alston & Bird

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more

MG+M The Law Firm

Masks on for Spring Cleaning: New Study Reveals Household Dust may be an Additional PFAS Exposure Source

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A new study from the North Carolina State University’s GenX Exposure Study has detected airborne “forever chemicals” in everyday household dust in communities along the Cape Fear River Basin, North Carolina area. These...more

Oliva Gibbs

Pleading for Help — Ohio’s Time for Twombly (and Iqbal): Ohio Supreme Court to Consider Ohio Pleading Standards in Wilson Energy,...

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Two companion cases from the Fourth District Court of Appeals — Wilson Energy and Bethel Oil & Gas — are currently on appeal at the Ohio Supreme Court. Both cases involve similar facts and require the resolution of the same...more

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

Troutman Pepper Locke

Massachusetts Efforts to Ensure Safety in the Cannabis Industry: New Testing Requirements and Recent Advisories

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On February 3, the Massachusetts Cannabis Control Commission (CCC) issued two public health and safety advisories regarding potentially contaminated marijuana products sold by two separate licensees in Massachusetts....more

Mandelbaum Barrett PC

NJDEP Proposes to Revamp its Remedial Action Permit Process

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To follow up our prior Environmental Blog discussing the proposed amendments to the Site Remediation Reform Act (SRRA) 2.0, another significant change relates to the remedial action permit (RAP) framework, aiming to...more

Latham & Watkins LLP

Southern California Fire Cleanup Considerations for Landowners

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Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws. In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a March 13th Proposed Order and Assessment (“Order”) to Murphy Oil USA, Inc. (“Murphy Oil”) addressing alleged violations of the Tennessee Underground...more

Fox Rothschild LLP

Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court

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State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS Removal Report/Strategies/Funding Options to Address PFAS Removal in Drinking Water/Wastewater: Minnesota Pollution Control...

The Minnesota Pollution Control Agency (“MPCA”) prepared a January 2025 Report titled: PFAS Removal Report – Strategies and funding options to address PFAS removal in drinking water and wastewater (“Report”)....more

MG+M The Law Firm

California Strengthens PFAS Regulations and Funding with SB 454 and AB 794

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Senator Jerry McNerney of California has introduced Senate Bill 454 (SB 454) to address the growing problem of per- and polyfluoroalkyl substances (PFAS) contamination in California’s water supply. The legislation seeks to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Addressing Fayette Facility...

The Alabama Department of Environmental Management (“ADEM”) issued on February 12th a Proposed Administrative Order (“AO”) to Dodson Oil Co. of Fayette, Inc (“Dodson”) alleging violations of certain Alabama environmental...more

Fox Rothschild LLP

Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives

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Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP’s Newly Adopted Amendments to Ground Water Quality Standards Will Significantly Impact Ongoing Remediation Projects in New...

The New Jersey Department of Environmental Protection (NJDEP) has amended the Ground Water Quality Standards (GWQS), effective on February 3, 2025. The rule, as adopted, does not differ substantially from the January 2024...more

Burr & Forman

New Federal Brownfields Legislation to Boost Economic Revitalization

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Senators Shelley Moore Capito (R-W.Va., Chair of the Senate Committee on Environment and Public Works, and Lisa Blunt Rochester (D-Del.) have reintroduced S. 347 as The Brownfields Reauthorization Act of 2025. According to an...more

Goldberg Segalla

Trial and Juror: 3M and Dupont Move to ‘Bench’ NJDEP PFAS Case

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In 2019, the New Jersey Department of Environmental Protection (NJDEP) brought suit against Dupont and 3M seeking clean-up, removal, and costs for what NJ officials claimed was more than 100 years of indiscriminate dumping of...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q4 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA drafts recommended PFAS levels for water quality, California’s Department of...more

BCLP

PFAS in Soil: State Regulations - Updated February 2024

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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

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q4 2024

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PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2024. We will continue to update these graphics on a quarterly basis....more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

BCLP

PFAS in Groundwater: State-by-state Regulations - November 2024

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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

Jenner & Block

Federal and State Efforts to Address Synthetic Microfiber Pollution from Textiles

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Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by...more

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