The march toward regulation of PFAS in Pennsylvania continues (see our recent post on statewide public water system sampling results), with the release of final data from sampling conducted in September 2019 of surface waters throughout the Commonwealth.  The study, a collaboration among the U.S. Geological Service (“USGS”), the Susquehanna River Basin Commission, and

The California Office of Environmental Health Hazard Assessment (OEHHA) is expanding its review of potential substances to add to its Proposition 65 list of chemicals that cause cancer.

Earlier this year, the state announced it intended to add perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) to the list. After the public comment periods ended for

We’ve discussed in our previous posts the process that EPA will likely use to designate PFOA and PFOS as “hazardous substances,” how that designation will impact responsible parties, and what effects it may have on current EPA-lead investigations and remediations. In this article we discuss how the process may impact states that are

In two of our previous posts, we discussed the United States Environmental Protection Agency’s (EPA) “Hazardous Substance” Designation Process and the Implications of a Designation on Responsible Parties. Here, in this post, we discuss what a designation of PFOA and PFOS might mean for ongoing investigations and remediations lead by EPA.

Current EPA Interim

As previously reported, the Biden administrative is expected to make PFAS regulation and enforcement a priority by, among other things: designating PFAS as hazardous substances, setting enforceable limits under the Safe Drinking Water Act, prioritizing substitutes through procurement policies, and accelerating toxicity studies and research. Plan to Secure Environmental Justice and Economic Opportunity.

On

The Biden Administration has pledged to designate certain PFAS as hazardous substances under federal law. What effect would the United States Environmental Protection Agency’s (EPA) designation of PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) have on the legal landscape? As you may recall, in a previous

For the past several years, much attention has been focused on the United States Environmental Protection Agency’s (EPA) legal authority to respond to PFAS contamination. When EPA published its PFAS Action Plan in February 2019, it discussed, among other things, designating PFOS and PFOA as “hazardous substances” through one of the available statutory mechanisms under

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 of PFAS-containing wastewater to groundwater without a permit. According to the allegations of an administrative compliance order (ACO) issued in January 2020, CAFB had an

On October 13, 2020, North Carolina, acting through its Attorney General, filed suit in state court against DuPont, Chemours and related companies seeking costs to investigate, assess, remediate, restore and remedy PFAS contamination “across a broad swath of North Carolina.” The complaint alleges that the defendants contaminated the land, air, water and natural resources of