On August 18, 2026, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Chamber of Commerce of the United States of America v. EPA, denying all
Continue Reading D.C. Circuit Upholds EPA Designation of PFOA and PFOS as CERCLA Hazardous SubstancesPADEP’s Plans to Address PFAS in Biosolids
By Robert J. Schena on
As previously discussed, biosolids (also referred to as sewage sludge), are commonly used in agriculture, mine reclamation, and landscaping to provide nutrients to soils and promote plant growth. …
Continue Reading PADEP’s Plans to Address PFAS in BiosolidsCourt Denies EPA’s Motion to Sever and Stay Challenges to MCLs for Four Index PFAS
By Karen H. Davis on
On March 19, 2026, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit denied EPA’s request to sever and stay challenges to drinking water standards, known…
Continue Reading Court Denies EPA’s Motion to Sever and Stay Challenges to MCLs for Four Index PFASPetitioners File Reply Brief Challenging EPA’s PFAS Hazardous Substance Designation
By Vanessa Pinto on
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?
By Aaron Mapes on
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?Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation
By Vanessa Pinto on
EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA.
EPA…
Continue Reading Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances DesignationEPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage Sludge
By Robert J. Schena on
On January 15, 2025, the United States Environmental Protection Agency (EPA) released a Draft “Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public…
Continue Reading EPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage SludgeUnclear Fate for NY PFOA and PFOS Soil Cleanup Objectives
By GEORGE DUKE on
Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York…
Continue Reading Unclear Fate for NY PFOA and PFOS Soil Cleanup ObjectivesSTORAGE TANKS THAT CONTAIN PFOA AND PFOS MUST NOW BE REGISTERED IN PENNSYLVANIA
By Robert J. Schena on
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 PENNSYLVANIAThe Impact of Chevron’s Demise on the Regulation of PFAS
By Karen H. Davis & Vanessa Pinto on
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 PFAS