On June 28, 2024, in its decision in Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Supreme Court held that its longstanding precedent granting deference to
Continue Reading The Impact of Chevron’s Demise on the Regulation of PFASKaren H. Davis
PFOA and PFOS Are Now CERCLA Hazardous Substances
As we have previously reported here and here, EPA has designated perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability…
Continue Reading PFOA and PFOS Are Now CERCLA Hazardous SubstancesDesignation of PFOA and PFOS as CERCLA Hazardous Substances to Become Effective on July 8, 2024
As previously reported, on April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”)…
Continue Reading Designation of PFOA and PFOS as CERCLA Hazardous Substances to Become Effective on July 8, 2024EPA Designates PFOA and PFOS as CERCLA Hazardous Substances
On April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under…
Continue Reading EPA Designates PFOA and PFOS as CERCLA Hazardous SubstancesEPA Issues Final MCLs for PFOA, PFOS, PFNA, GenX, PFHxS, and PFBS
On April 8, 2024, the EPA Administrator signed the final rule establishing drinking water standards, also known as MCLs, for six PFAS (PFOA, PFOS, PFNA, GenX (HFPO-DA), PFHxS, and PFBS). …
Continue Reading EPA Issues Final MCLs for PFOA, PFOS, PFNA, GenX, PFHxS, and PFBSMaine 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 ProductsEPA Proposes to List Nine PFAS as RCRA Hazardous Constituents
On February 8, 2024, EPA published a proposed rule to list nine PFAS, their salts and their structural isomers, as hazardous constituents under RCRA regulations. If the proposed rule is…
Continue Reading EPA Proposes to List Nine PFAS as RCRA Hazardous ConstituentsHardwick Ohio PFAS Class Action Dismissed for Lack of Jurisdiction
The 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 JurisdictionPFAS Class Action Against Cosmetic Company Dismissed
In 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 DismissedPFAS Among EPA’s Enforcement Initiatives
On August 17, 2023, EPA’s Office of Enforcement and Compliance Assurance (OECA) released its National Enforcement and Compliance Initiatives (NECI) for FY 2024-2027, which include addressing exposure to PFAS as…
Continue Reading PFAS Among EPA’s Enforcement Initiatives