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 recent EPA rule under Federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), which added PFOA and PFOS substances to the hazardous substances list. The
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New Hampshire Adds PFAS to Real Estate Sellers’ Mandatory Notifications
In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers with a general warning of the potential presence of PFAS due to various sources, including PFAS in domestic, commercial, institutional, and industrial products. House
Third Circuit Dismisses Chemours Appeal of EPA’s HALs
The U.S. Court of Appeals for the Third Circuit dismissed a petition filed by The Chemours Company FC, LLC (“Chemours”) challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 parts per trillion (ppt) for HFPO Dimer Acid, a.k.a. GenX.
Chemours argued that the advisory was flawed, based on questionable
The Impact of Chevron’s Demise on the Regulation of PFAS
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 administrative agencies established in the 1984 Supreme Court decision, Chevron U.S.A. Inc. v. National Resources Defense Council, Inc., 467 U.S. 837, went too far. The Court
State and Federal PFAS Litigation – 2019 to Q2 2024
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2023. We will continue to update these graphics on a quarterly basis.
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 Act (“CERCLA”). These designations became effective today, July 8, 2024. As a result of the hazardous substance designation, EPA has its full enforcement authority under
Maine Again Amends PFAS Ban Statute – More Product Categories Get Specific Dates, Reporting Requirements Are Narrowed
Maine has once again amended and clarified its statutory restrictions on the sale of numerous categories of PFAS-containing products. The net effect of the legislation, enacted on April 16, 2024, is to 1) limit the scope and applicability of the statute’s PFAS-containing product registration requirements and delay their implementation, while 2) accelerating the effective
Federal 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). The final rule became effective on June 25, 2024. The rule, among other things, provides public water systems three years to conduct initial PFAS monitoring
EPA Incorporates Seven New PFAS into the Toxics Release Inventory Reporting List
The United States Environmental Protection Agency (EPA) issued a final rule on May 17, 2024, updating the list of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). EPA’s final rule adds seven per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list
New Deadlines for Phase One Class Members in the AFFF Multi-District Litigation
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 (“PFAS”) contamination in public water systems allegedly resulting from use or discharge of firefighting foams.
Judge Gergel recently entered a final order and judgment of