News & Analysis as of

Environmental Protection Agency (EPA) PFAS Comprehensive Environmental Response, Compensation and Liability Act

Fox Rothschild LLP

Storage Tanks That Contain PFOA And PFOS Must Now Be Registered In Pennsylvania

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The Pennsylvania Department of Environmental Protection (“PADEP”) published guidance regarding registering and permitting storage tanks that contain perfluorooctanoic acid (“PFOA”), perfluorooctanesulfonic acid (“PFOS”). This...more

Dechert LLP

Dechert Re:Torts - Issue 19 - August 2024

Dechert LLP on

Testing the Waters: The Implications of Loper Bright on EPA’s New PFAS - Regulations - In the past year, the U.S. Environmental Protection Agency (“EPA”) finalized several significant rules to regulate per- and...more

Pillsbury - PFAS Observer

The End of Chevron Deference Could Spell Trouble for EPA’s PFAS “Hazardous Substance” Rule

A recent Supreme Court ruling could further jeopardize EPA’s PFAS hazardous substance designation, as the agency is attempting to advance a novel use of delegated legislative authority to further regulate PFAS chemicals....more

Lowenstein Sandler LLP

States Petition the USEPA To List Certain PFAS Compounds as Clean Air Act Hazardous Air Pollutants

In another step toward broader regulation of per- and polyfluoroalkyl substances (PFAS), on August 29, 2024, New Jersey, New Mexico, and North Carolina (the States) submitted a petition (Petition) urging the United States...more

Foley Hoag LLP - Environmental Law

Navigating Sites with PFAS Through the Superfund Process Is Going to Be a Bumpy Ride

For most of this century, I’ve been asked with some regularity whether Superfund was dead. I’ve always considered that question to be a victory of hope over expectation. Notwithstanding frequent criticism, frequently...more

Akin Gump Strauss Hauer & Feld LLP

Proposed CERCLA Designation of PFOA and PFOS

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive...more

Shipman & Goodwin LLP

PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail

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Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to...more

MG+M The Law Firm

Expansion of PFAS Hazardous Substances Designation "To Be Determined"

MG+M The Law Firm on

In April 2024, the Environmental Protection Agency (EPA) designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation...more

Venable LLP

EPA Commences Proceedings to Investigate PFAS in Fluorinated Plastic Containers

Venable LLP on

Companies that manufacture, use, distribute, and dispose of fluorinated plastic containers should take note that the U.S. Environmental Protection Agency (EPA) recently granted a petition from several environmental groups...more

Farella Braun + Martel LLP

Pending Legal Challenge to EPA Designation of PFOA and PFOS as CERCLA Hazardous Substances

A legal challenge is pending in the D.C. Circuit Court of Appeals with respect to EPA’s April 19, 2024 final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under...more

Foley & Lardner LLP

2024 Has Been a Big Year for EPA with Significant Implications for Manufacturers as EPA Executes on its PFAS Strategic Roadmap  

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In 2021 the Environmental Protection Agency (“EPA”) issued its strategic roadmap to address a broad group of thousands of manmade chemicals known as per- and polyfluoroalkyl substances (“PFAS”), pledging to use “every tool in...more

Lathrop GPM

EPA’s ‘Forever Chemicals’ Rule at Risk Without Chevron Deference

Lathrop GPM on

The US Supreme Court’s June 28 decision to end judicial deference to agencies’ reasonable interpretations of laws comes at a pivotal time for new regulations related to “forever chemicals”—per- and polyfluoroalkyl substances...more

MG+M The Law Firm

EPA's PFAS Rule Challenged in DC Circuit

MG+M The Law Firm on

The Environmental Protection Agency’s (EPA) recent rule designating two per- and polyfluoroalkyl substances (PFAS) chemicals, PFOA and PFOS, as hazardous substances has already been met with resistance, as several groups...more

Mintz

EPA's explanation that PFAS are unsafe in minute concentrations is turning out to have serious ramifications for many, including...

Mintz on

Lara Beaven of Inside PFAS Policy reports that Maine farmers have joined litigation against the Environmental Protection Agency for not yet regulating the presence of PFAS in sewage sludge. The plaintiffs in that litigation...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting...more

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

PFAS/CERCLA: New Mexico Department of Justice Files Contribution Claim Against the U.S. Departments of the Air Force/Army

The New Mexico Department of Justice (“NMDOJ”) amended a complaint in the United States District Court against the United States, the United States Department of the Army, the United States Department of the Airforce alleging...more

McGlinchey Stafford

PFAS Hazardous Substance Designation Under CERCLA Challenged

McGlinchey Stafford on

On July 8, 2024, the U.S. Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and isomers, as hazardous substances under the...more

Ward and Smith, P.A.

From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

Ward and Smith, P.A. on

Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more

Holland & Knight LLP

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

Holland & Knight LLP on

Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map...more

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

PFAS/CERCLA: Associated General Contractors of America, Inc./National Waste & Recycling Association/Chamber File Judicial...

Three organizations filed a petition in the United States Court of Appeals for the District of Columbia challenging the United States Environmental Protection Agency’s (“EPA”) designation of perfluorooctanoic acid (“PFOA”)...more

Baker Donelson

Is "Forever" Really Forever? EPA's New Guidance on PFAS Destruction and Disposal

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EPA recently published a 2024 update to its Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) and Materials Containing PFAS (Interim Guidance), as required by the...more

Jackson Walker

EPA Advances Major Regulations on Per- and Polyfluoroalkyl Substances (PFAS)

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This year, there have been a number of significant legal developments on the regulation of PFAS (per- and polyfluoroalkyl substances). Expect more as the year unfolds. New studies that show the presence of PFAS in common...more

Best Best & Krieger LLP

PFAS Hazardous Substances Designation Goes into Effect

New U.S. Environmental Protection Agency (EPA) regulations, which went into effect on July 8, 2024, designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and isomers as hazardous...more

Baker Donelson

PFOA and PFOS Are Now Hazardous Substances Under CERCLA

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The EPA has designated two per- and polyfluoroalkyl substances (PFAS) – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers – as hazardous substances under the...more

Morrison & Foerster LLP

EPA May Now Pursue PFOS and PFOA Manufacturers and Users under CERCLA

Effective as of yesterday, July 8, 2024, two widely used per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are deemed hazardous substances under the Comprehensive...more

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