Last month, Governor Murphy signed a bill that affects the use of per- and polyfluoroalkyl substances (“PFAS”) in firefighting foam. The law, approved as P.L.2023, c.243 (Bill A4125 or S2712), accomplishes a few things: it (1) largely prohibits PFAS-containing firefighting foam, (2) asks the New Jersey Department of Environmental Protection…
Continue Reading New Jersey Finalizes Law Restricting PFAS in Firefighting Foam and Creating Take-Back ProgramMaine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban on PFAS-Containing Products
As we’ve posted here before, by statutory enactment, Maine intends to ban the sale…
Continue Reading Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban on PFAS-Containing ProductsOn February 8, 2024, EPA published a proposed rule to list nine PFAS, their salts…
Continue Reading EPA Proposes to List Nine PFAS as RCRA Hazardous ConstituentsPFAS-related litigation continues to climb and to diversify as to claims and parties. See the…
Continue Reading State and Federal PFAS Litigation – 2019 to Q4 2023Subscribe to PFAS and Emerging Contaminants
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Recent Progress Report Issued by EPA Foreshadows Landmark Year for Federal Regulation of PFAS
Soon after the Biden Administration took office, the United States Environmental Protection Agency (“EPA”) issued a Strategic Roadmap highlighting the many ways it planned to “research, restrict, and remediate” per-and…
Continue Reading Recent Progress Report Issued by EPA Foreshadows Landmark Year for Federal Regulation of PFASDuPont Companies to Pay Delaware an Extra $25 Million Under 2021 PFAS Settlement
A recent DuPont settlement in Ohio triggers additional payments to Delaware under a 2021 agreement. In June 2021, (i) E. I. du Pont de Nemours and Company, (ii) Corteva, Inc.…
Continue Reading DuPont Companies to Pay Delaware an Extra $25 Million Under 2021 PFAS SettlementThe Sixth Circuit ruled that a complaint on which a trial court had certified a class that included every person subject to the laws of Ohio must be dismissed. The…
Continue Reading Hardwick Ohio PFAS Class Action Dismissed for Lack of JurisdictionIn September, NJDEP’s Contaminated Site Remediation and Redevelopment program (CSRR) issued new guidance (the Administrative Guidance for Green, Sustainable, and Resilient Remediation) encouraging the use of green and sustainable…
Continue Reading NJDEP Issues Guidance for Green, Sustainable, and Resilient RemediationEPA Finalizes Rule Removing De Minimis Exemptions, Subjecting Companies to Enhanced PFAS Reporting and Notification Requirements
We reported earlier this year that the Environmental Protection Agency’s (EPA) proposed rule would require stricter (1) reporting of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI)…
Continue Reading EPA Finalizes Rule Removing De Minimis Exemptions, Subjecting Companies to Enhanced PFAS Reporting and Notification RequirementsPFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2023. We will continue to update these…
Continue Reading State and Federal PFAS Litigation – 2019 to Q3 2023In March 2022, a putative class action lawsuit was filed in the U.S. District Court for the Southern District of New York against L’Oreal U.S.A., Inc. alleging that the company…
Continue Reading PFAS Class Action Against Cosmetic Company DismissedConsumer Product Safety Commission Seeks Insights About PFAS in Consumer Products
The Consumer Product Safety Commission (CPSC) recently released a Request for Information (RFI) to gather information from all stakeholders to better understand the potential presence and uses of per- and…
Continue Reading Consumer Product Safety Commission Seeks Insights About PFAS in Consumer ProductsUpdate on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLA
We have been closely monitoring the progress of the United States Environmental Protection Agency (“EPA”) proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and…
Continue Reading Update on U.S. EPA’s Proposed Rule to Designate PFOA and PFOS as Hazardous Substances Under CERCLAAbout this Blog
Fox Rothschild’s environmental attorneys are fluent in the science, regulations and case law surrounding PFAS. On this blog, they will provide updates and cover major developments in PFAS and emerging contaminants as regulatory developments arise.