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As a reminder, the Environmental Protection Agency (EPA) proposed a rule last month that would enhance (1) reporting of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) and (2) related supplier notification requirements. The deadline to comment on EPA’s proposed rule is February 3, 2023.
The EPA’s…
Continue Reading Comment Period Deadline Approaches for EPA’s Proposed Rule Subjecting Companies to Enhanced PFAS Reporting and Notification RequirementsPFAS-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 2022Pennsylvania’s PFOA and PFOS Maximum Contaminant Level Rule is Now Final and Effective
Pennsylvania’s new “Safe Drinking Water PFAS MCL Rule” became effective on January 14, 2023, upon…
Continue Reading Pennsylvania’s PFOA and PFOS Maximum Contaminant Level Rule is Now Final and EffectiveMichigan Court Rules State PFAS Drinking Water Regulations Lacked Adequate Consideration of Costs, with Implications for Challenges to Federal PFAS Rulemakings
On November 15, 2022, in response to a challenge by 3M, the Michigan Court of…
Continue Reading Michigan Court Rules State PFAS Drinking Water Regulations Lacked Adequate Consideration of Costs, with Implications for Challenges to Federal PFAS RulemakingsThe Latest
Those anticipating the EPA’s promised end-of-year drinking water regulations may have to wait for the new year. Per EPA’s rulemaking webpage, the agency’s anticipated notice of proposed rulemaking (NPRM) for…
Continue Reading National Drinking Water Regulation Proposal May Be Pushed to 2023As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency…
Continue Reading EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL DeniedOn November 17, 2022, the Independent Regulatory Review Commission (“IRRC”) approved the Pennsylvania Environmental Quality Board’s (“EQB”) new safe drinking water maximum contaminant levels (“MCLs”) for perfluorooctanoic acid (“PFOA”)…
Continue Reading Pennsylvania PFOA/PFOS MCL Regulations Advance to Final StepEarlier this summer, the U.S. Environmental Protection Agency (EPA) published its draft fifth Contaminant Candidate List (CCL 5) and accompanying technical support document.
By way of background, contaminants listed…
Continue Reading EPA Finalizes its Fifth Contaminant Candidate ListOn November 4, 2022, the City of Philadelphia filed suit against companies it alleges manufactured or distributed PFAS-containing AFFF and/or other PFAS Products. The City asserts claims in its capacity…
Continue Reading City of Philadelphia Joins the Fray in Suit Against PFAS ManufacturersCalifornia, Maine Take Similar but Different Approaches in Limiting Sales of Products Containing Intentionally-Added PFAS
More and more states are passing statutes to restrict and/or monitor sales of products containing PFAS. Recent news out of Maine suggests some practical downsides to a more aggressive legislative…
Continue Reading California, Maine Take Similar but Different Approaches in Limiting Sales of Products Containing Intentionally-Added PFASNew York State Proposes to Establish Drinking Water Maximum Contaminant Levels for Four Additional PFAS
New York’s drinking water standards for emerging contaminants are among the most stringent in the country, including standards issued in 2020 for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)…
Continue Reading New York State Proposes to Establish Drinking Water Maximum Contaminant Levels for Four Additional PFASUpdate: A New Expected Timeline for Implementation of Delaware’s PFOA and PFOS Maximum Contaminant Levels
We previously reported an expected timeline for promulgation of Delaware’s maximum contaminant levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that was generally in line with the…
Continue Reading Update: A New Expected Timeline for Implementation of Delaware’s PFOA and PFOS Maximum Contaminant LevelsEPA Files Motion to Dismiss ACC Petition for Review of PFOA and PFOS HALs and Reports Proposed MCLs are Expected in 2022
On September 15, 2022, the U.S. Environmental Protection Agency (“EPA”) filed a motion to dismiss the American Chemistry Council (“ACC”)’s petition for review challenging EPA’s interim Lifetime Health Advisory Levels…
Continue Reading EPA Files Motion to Dismiss ACC Petition for Review of PFOA and PFOS HALs and Reports Proposed MCLs are Expected in 2022