The U.S. District Court for the District of South Carolina approved two major settlements in the multidistrict litigation (“MDL”) that consolidated thousands of cases related to per- and polyfluoroalkyl substances
Continue Reading New Deadlines for Phase One Class Members in the AFFF Multi-District LitigationAFFF
City of Philadelphia Joins the Fray in Suit Against PFAS Manufacturers
By Karen H. Davis on
On 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 ManufacturersUSEPA’s National PFAS Datasets Compile and Integrate State and Federal Data, but Gaps Remain
By Adam H. Cutler on
The US Environmental Protection Agency (USEPA) has made available a collection of National PFAS Datasets, which collects a variety of PFAS data from different state and federal sources on…
Continue Reading USEPA’s National PFAS Datasets Compile and Integrate State and Federal Data, but Gaps Remain
Industry Specific Effluent Limitation Guidelines for PFAS Are Coming – EPA’s Preliminary Plan 15
By Adam H. Cutler on
In September, EPA set forth its latest draft plan for setting guidelines for PFAS limitations in industrial wastewater in certain industries, and October brought public comments on the draft. Among…
Continue Reading Industry Specific Effluent Limitation Guidelines for PFAS Are Coming – EPA’s Preliminary Plan 15
Duty to Defend: Under North Carolina Law, Insurer Must Defend Personal Injury Claims Arising from Direct Exposure to AFFF Despite “Hazardous Materials Exclusion” in CGL Policy
By Robert J. Schena on
The U.S. District Court in the Western District of North Carolina recently held in Colony Insurance Co. v. Buckeye Fire Equipment Co. that an insurance company must defend personal injury…
Continue Reading Duty to Defend: Under North Carolina Law, Insurer Must Defend Personal Injury Claims Arising from Direct Exposure to AFFF Despite “Hazardous Materials Exclusion” in CGL Policy
State PFAS Enforcement Against the Federal Government – Irresistible Force Meets Immovable Object?
By Adam H. Cutler on
In September 2020, the New Mexico Environment Department (NMED) finalized the settlement of an enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge…
Continue Reading State PFAS Enforcement Against the Federal Government – Irresistible Force Meets Immovable Object?
Your Mission, Should You Choose to Accept It…: The “Innovative Ways to Destroy PFAS Challenge”
By Adam H. Cutler on
In July 2020, we posted on takeback disposal options for some PFAS-containing firefighting foams, with a caveat about recent actions taken by the New York State Department of Environmental Conservation…
Continue Reading Your Mission, Should You Choose to Accept It…: The “Innovative Ways to Destroy PFAS Challenge”
State AFFF takeback programs may provide appropriate disposal options for local authorities and other users of older PFAS-containing foams
By Adam H. Cutler on
As more states develop regulatory standards for PFAS, many are also recognizing that certain formulations of firefighting foams that were manufactured into the early 2000s or earlier contain legacy PFAS…
Continue Reading State AFFF takeback programs may provide appropriate disposal options for local authorities and other users of older PFAS-containing foams
New Eco-Certification Looks To Identify “PFAS-Free” Firefighting Foam Products
By Robert J. Schena on
As we’ve discussed in prior posts, per- and polyfluoroalkyl substances (PFAS) have historically been an important component of aqueous film forming foam (AFFF) products that are used for training and…
Continue Reading New Eco-Certification Looks To Identify “PFAS-Free” Firefighting Foam Products
PFAS Contamination Creates Long Island Local Dispute Naming Fire Department’s Insurer
By Karen H. Davis on
In April 2020, the Town of East Hampton in eastern Long Island, N.Y., filed suit over PFAS contamination against the Village of East Hampton, a separate, smaller jurisdiction located in…
Continue Reading PFAS Contamination Creates Long Island Local Dispute Naming Fire Department’s Insurer