Following up on the rulemaking process presaged by Minnesota’s comprehensive statute (Amara’s Law) requiring phase outs of PFAS intentionally added to products, which we’ve previously discussed here and
Continue Reading Minnesota Seeks Comment on Rules Implementing Reporting Requirement for Products Containing Intentionally Added PFAS and Associated FeesAdam H. Cutler
Rhode Island Enacts Statutory Ban on Consumer Products and Firefighting Foams with Intentionally Added PFAS
In late June 2024, Rhode Island joined the growing list of states that have enacted phased bans on the manufacture, sale, and distribution of various types of products containing PFAS. …
Continue Reading Rhode Island Enacts Statutory Ban on Consumer Products and Firefighting Foams with Intentionally Added PFASMaine Again Amends PFAS Ban Statute – More Product Categories Get Specific Dates, Reporting Requirements Are Narrowed
Maine has once again amended and clarified its statutory restrictions on the sale of numerous categories of PFAS-containing products. The net effect of the legislation, enacted on April 16, 2024…
Continue Reading Maine Again Amends PFAS Ban Statute – More Product Categories Get Specific Dates, Reporting Requirements Are NarrowedMaine 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, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1…
Continue Reading Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban on PFAS-Containing ProductsNJDEP Issues Guidance for Green, Sustainable, and Resilient Remediation
In 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 RemediationMinnesota Statute Takes a Robust Approach to PFAS Regulation, Including Reporting Requirements for Manufacturers and a Sales Ban
On May 24, 2023, Minnesota’s Governor signed into law a sweeping set of statutory provisions concerning the handling and sale of PFAS-containing products within Minnesota. Among other things, the statute…
Continue Reading Minnesota Statute Takes a Robust Approach to PFAS Regulation, Including Reporting Requirements for Manufacturers and a Sales BanMaine Presses Pause on PFAS Reporting Requirements
We reported previously on Maine’s 2021 law barring the sale of new products containing intentionally added PFAS and the reporting requirements that the law imposed upon manufacturers. Under the law…
Continue Reading Maine Presses Pause on PFAS Reporting RequirementsMichigan 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 Claims invalidated the drinking water MCLs and attendant groundwater standards for several PFAS substances, including…
Continue Reading Michigan Court Rules State PFAS Drinking Water Regulations Lacked Adequate Consideration of Costs, with Implications for Challenges to Federal PFAS RulemakingsCalifornia, 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 PFASState Enforcement Against the Federal Government, Part 2
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…
Continue Reading State Enforcement Against the Federal Government, Part 2