What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023
2BInformed: The EPA’s Impact on Supply Chains and Climate Change, and Defining “Unreasonable Risk”
2BInformed: Understanding the EPA’s New PFAS Strategic Roadmap and Upcoming PBT Regulations
2BInformed: Overview of PFAS and Related EPA Regulations; EPA’s New Chemical Program Under Amended TSCA
2BInformed: How TSCA Amendments Impact Industries and Managing the EPA’s Risk Evaluations
2BInformed: The Future of Fluoride in Drinking Water, the New TSCA Fees Rule, and the Drinking Water Contaminant Candidate List 5
Wiley Biotech Briefings – An Advanced Course for the Regulatory Professional: TSCA and Industrial Biotechnology
The PFAS regulatory landscape is evolving fast, and with a new administration on the horizon, major changes in compliance, enforcement, and litigation risks could be imminent. If your business fails to stay ahead, you can...more
On the litigation front, a federal judge denied an attempt by the Cookware Sustainability Alliance (CSA) to halt Minnesota’s current ban on intentionally added per- and polyfluoroalkyl substances (PFAS) in cookware. However,...more
Two environmental organizations sent a May 17th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to File Suit to Compel Performance of a Non-Discretionary Duty Under Section...more
What You Need to Know in a Minute or Less - Emerging contaminants are synthetic or natural chemicals that have not been fully assessed from a health or risk perspective and are reportedly finding their way into consumer...more
Amid a surge of lawsuits nationwide over alleged PFAS-related harms and growing regulatory efforts to curb their production and use, policyholders are grappling with mounting liabilities and unclear insurance coverage...more
As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more
On January 7, 2025, Lynn L. Bergeson was interviewed by Christopher Bornmann in Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits for the 3E blog. Originally...more
Maryland AG Anthony Brown has filed a lawsuit against W.L. Gore & Associates, Inc. (Gore) alleging violations of state and federal consumer and environmental protection laws stemming from contamination caused by per- and...more
On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical...more
PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of the PFAS phenomenon. ...more
If the first two waves of PFAS litigation focused on impacts to natural resources—namely groundwater—and personal injury claims alleging exposure to PFAS, the third wave of PFAS litigation has certainly arrived. Originally...more
Sometimes, a blog just has to be written. For those of us of a certain age, Sterling Hayden's speech as Jack D. Ripper in Dr. Strangelove concerning the Communist plot to fluoridate our water is iconic. Well, it turns out...more
On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more
As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit’s recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental...more
Per- and polyfluoroalkyl substances, known by the acronym PFAS and better known by the moniker “forever chemicals,” are the focus of rapidly evolving regulatory regimes at the U.S. federal and state levels, which in turn is...more
On Nov. 13, 2023, the U.S. Environmental Protection Agency’s (“EPA”) final rule went into effect requiring companies to report the manufacture or import of per- and poly- fluoroalkyl substances (“PFAS”), also known as...more
Summary - The Environmental Protection Agency (EPA) recently finalized the Toxic Substances Control Act (TSCA) Reporting Rule for PFAS— its broadest regulation to-date on per- and polyfluoroalkyl substances (PFAS),...more
EPA has proposed a special one-time reporting rule that will require businesses to go on record with the agency memorializing their contributions to PFAS in the marketplace. The final PFAS reporting rule is expected to be...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
The City of Portland and the Port of Portland are among the governmental entities that recently filed a proposed $550 million settlement to resolve part of a nationwide class action lawsuit against Monsanto Company,...more
EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles. - EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more