News & Analysis as of

State and Local Government Hazardous Substances

BCLP

PFAS Drinking Water Standards: State-by-state Regulations - September 2024

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The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels....more

BakerHostetler

New State Laws Limiting the Use of PFAS in Consumer Products Continue to Proliferate

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Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more

Allen Matkins

California Environmental Law & Policy Update 6.21.24

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In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...more

Allen Matkins

California Environmental Law & Policy Update 5.24.24

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Republican attorneys general from 20 U.S. states sued the Biden administration on Tuesday, seeking to block new reforms to the U.S. environmental review process for major projects such as transmission lines and wind and solar...more

Allen Matkins

California Environmental Law & Policy Update 4.19.24

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The U.S. Environmental Protection Agency (EPA) today designated two types of per- and polyfluoroalkyl substances (PFAS) that have been used in cookware, carpets, and firefighting foams as hazardous substances, an action...more

Beveridge & Diamond PC

Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products

Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances...more

Allen Matkins

California Environmental Law & Policy Update 12.29.23

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Truck engine maker Cummins Inc. has agreed in principle to pay a $1.675 billion civil penalty for installing devices on hundreds of thousands of engines to allow them to emit excess pollution. According to the U.S. Department...more

Allen Matkins

California Environmental Law & Policy Update 9.15.23

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The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more

Steptoe & Johnson PLLC

PFAS/Emerging Contaminants Handbook

PFAS Chemicals: The Bad News, The Worse News, Then Perhaps Some Hope. The story of PFAS chemicals and their effects is disturbing, on many levels. Like so many “helpful” things that turn out to be evil, PFAS chemicals...more

Perkins Coie

Navigating the PFAS Regulatory Landscape: Insights for Consumer Brands and Retailers

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Per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” have been in use since the 1940s and have been added to a wide variety of products to make them resistant to heat, water, oil, and corrosion. PFAS...more

Verrill

PFAS Regulatory Update: Dates You Need to Know

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Public Comment on the Federal Proposed Drinking Water Standards for Six PFAS Compounds - On March 29, 2023, the U.S. Environmental Protection Agency (“EPA”), published in the Federal Register its proposed national drinking...more

BCLP

PFAS Update: Maine Issues Long-Awaited PFAS In Consumer Products Implementation Rule

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In July 2021, Maine enacted a law that requires the disclosure of any product that contains intentionally added PFAS, and eventually prohibits the sale and distribution of any product that contains intentionally added PFAS in...more

Eversheds Sutherland (US) LLP

Not more than one (PFAS) drop per 5 olympic pools! EPA sets stage for turbulent patchwork of local PFAS regulations

In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water...more

BCLP

PFAS Update: October 2022 State-by-State Groundwater Regulations

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In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, numerous states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more

Dickinson Wright

Major New Brownfield and Site Remediation Funding in Ohio

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Ohio’s new biennial budget, signed into law by Governor DeWine on June 30, brings good news for the redevelopment of brownfields and other distressed properties in Ohio. Ohio Revised Code (“R.C.”) section 122.6511 institutes...more

Lathrop GPM

Minnesota Calls for Stronger State Regulation of PFAS Chemicals

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Minnesota’s Statewide PFAS Strategy - Last week, Minnesota state officials announced a statewide strategy to address PFAS chemicals present within the state. PFAS are a class of man-made compounds that do not easily break...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

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Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

Holland & Hart LLP

Recent EPA Guidance Spells Out Superfund Liability Protections Available to Local Governments

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State and local governments are in a unique position when it comes to facilitating the cleanup and redevelopment of contaminated properties within their jurisdictions and can play a vital role in revitalizing neighborhoods...more

UB Greensfelder LLP

New Ohio Law Protects Purchasers of Contaminated Property

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Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection...more

Ballard Spahr LLP

New Jersey Sets Stringent PFAS Standards

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The New Jersey Department of Environmental Protection’s latest action creates several statewide environmental standards for three PFAS contaminants: perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

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On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

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

Resource Conservation and Recovery Act/Hazardous Waste Disposal: Federal District Court Addresses United States Challenge to Scope...

The United States District Court for the District of New Mexico (“Court”) in a March 31st Order addressed a dispute regarding a state-issued hazardous waste disposal permit. See United States v. N.M. Env’t Dep’t, No. CV 19-46...more

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

Status of Clean Air Act State Implementation Plan Submittals/Approvals: U.S. Environmental Protection Agency Office of Inspector...

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 25th Notification of Evaluation titled: Status of Clean Air Act State Implementation Plan Submittals and Approvals...more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

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A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

Ballard Spahr LLP

Pennsylvania Proposes PFAS Cleanup Standards

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Pennsylvania’s Environmental Quality Board (EQB) proposed an amendment to Act 2, Pennsylvania's Brownfield and voluntary cleanup program. ...more

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