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
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
Perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” are a varied group of thousands of manufactured chemicals and have been used in industry and consumer products since the 1940s. In...more
The clock is winding down on businesses interested in commenting on EPA’s proposal to designate nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recover Act (RCRA)....more
On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource...more
In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more
The proposed rules would expand the RCRA Corrective Action regime to PFAS and potentially other emerging contaminants. They may complicate ongoing compliance efforts as well as lead to significant value chain impacts....more
Regulatory activity and litigation concerning per- and polyfluoroalkyl substances (“PFAS”) continued to pick up steam in 2023, and 2024 promises to continue this trend and present companies with new PFAS-related challenges....more
The 1984 Hazardous and Solid Waste Amendments amended the Resource Conservation and Recovery Act (RCRA) to add the following sections requiring corrective action for releases of hazardous waste or hazardous constituents ...more
On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more
The U.S. Environmental Protection Agency (EPA) has taken its first major action of 2024 to regulate per- and polyfluoroalkyl substances (PFAS) across environmental media. On January 31, 2024, EPA issued pre-publication...more
While I was on vacation last week, EPA proposed to identify as “hazardous constituents” nine of the “forever chemicals" known collectively as PFAS. EPA's proposal will now be subject to public comment before perhaps being...more
Last week, the U.S. Environmental Protection Agency (EPA) issued two new proposed rules, which further expand EPA’s regulatory oversight of per- and polyfluoroalkyl substances (PFAS). The first rule would modify the...more
On January 31, 2024, the Environmental Protection Agency ("EPA") proposed two new rules that would add nine per- and polyfluoroalkyl compounds (known as "PFAS") to its list of hazardous constituents regulated under the...more
On January 31, 2024, the United States Environmental Protection Agency (“EPA” or “the Agency”) issued a proposal to amend Resource Conservation and Recovery Act (“RCRA”) regulations to include nine specific per- and...more
Yet another new horizon looms for PFAS litigation. Numerous PFAS claims, like those involving deceptive trade practices due to PFAS in food packaging, seldom withstand a motion to dismiss, but the emergence of a novel...more
The American Coatings Association (“ACA”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 22nd addressing the following Advanced Notice of Proposed Rulemaking (“ANPR”): Used...more
In a world of solar power, green energy, and electric cars, it is sometimes surprising to consider how much of a political hot potato good ol’ fashioned coal remains. There are more than 300 coal-fired power plants still...more
The Biden administration today finalized its definition of which wetlands and waterways are protected by the Clean Water Act. The rule from the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers...more
Recientemente el Distrito publicó la Guía de buenas prácticas para el manejo y prevención de riesgos asociados a la exposición de los materiales y residuos con contenido de asbesto en Colombia. La Guía es un documento de...more
Almost two years ago, we posted on the civil settlement of a dispute between the New Mexico Environment Department (NMED) and the U.S. Department of Defense (DoD) over a state-level enforcement action against Cannon Air Force...more
The United States Environmental Protection Agency (“EPA”) and Microchip Technology, Inc. (“MTI”) entered into a June 2nd Expedited Settlement Agreement (“ESA”) addressing alleged violations of federal Resource Conservation...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a July 1st Opinion addressed a prior September 29th decision discussing the potential liability of a public water system pursuant to the imminent...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
Supreme Court reinstates Trump-era water rule, for now Bullet Associated Press - April 6 The Supreme Court this Wednesday reinstated a Trump-era rule curtailing the power of states and Native American tribes to block...more