Following the completion of briefing in the challenge to EPA’s rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), oral argument
Continue Reading Oral Argument Scheduled in Hazardous Substance Designation LitigationCERCLA
Petitioners File Reply Brief Challenging EPA’s PFAS Hazardous Substance Designation
As previously reported, the U.S. Chamber of Commerce and two other trade groups have challenged EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. On November 14…
Continue Reading Petitioners File Reply Brief Challenging EPA’s PFAS Hazardous Substance DesignationA Year Later, How is PFAS Being Addressed in Phase I ESAs?
It has now been over a year since PFOA and PFOS – two types of PFAS – were designated as hazardous substances under CERCLA, the federal Superfund law. Among…
Continue Reading A Year Later, How is PFAS Being Addressed in Phase I ESAs?Litigation Over PFAS Designation as Hazardous Substances Remains on Hold
On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and…
Continue Reading Litigation Over PFAS Designation as Hazardous Substances Remains on HoldSTORAGE TANKS THAT CONTAIN PFOA AND PFOS MUST NOW BE REGISTERED IN PENNSYLVANIA
The Pennsylvania Department of Environmental Protection (“PADEP”) published guidance regarding registering and permitting storage tanks that contain perfluorooctanoic acid (“PFOA”), perfluorooctanesulfonic acid (“PFOS”). This change comes in light of a…
Continue Reading STORAGE TANKS THAT CONTAIN PFOA AND PFOS MUST NOW BE REGISTERED IN PENNSYLVANIAFederal Drinking Water Standards for PFAS Will Influence Groundwater Remediation Standards
As discussed in a previous post, EPA recently issued a final rule establishing drinking water standards, known as maximum contaminant levels (MCLs), for six per- and polyfluoroalkyl substances (PFAS). …
Continue Reading Federal Drinking Water Standards for PFAS Will Influence Groundwater Remediation StandardsDesignation 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 SubstancesRecent 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 PFASUpdate 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 CERCLA