A recent Supreme Court ruling could further jeopardize EPA’s PFAS hazardous substance designation, as the agency is attempting to advance a novel use of delegated legislative authority to further regulate PFAS chemicals. On June 28, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, 603 U.S. ____…
The ongoing multidistrict litigation (MDL) concerning PFAS-containing firefighter foams continues to be an actively litigated matter as well as an area of public concern. PFAS, or per- and polyfluoroalkyl substances, have garnered significant attention due to their ubiquitous nature and potential health risks. Firefighter foams have been alleged to contaminate…
On April 16, 2024, Maine enacted amendments revising the state perfluoroalkyl and polyfluoroalkyl substances (PFAS) law. This law generally prohibits the sale of products containing intentionally added PFAS and includes notification requirements for products with intentionally added PFAS that would continue to be sold. The recent amendments modified the effective dates of certain…
The Toxic Substances Control Act (TSCA) has been regulating new and existing chemicals for almost 50 years. Under the TSCA, the EPA was given broad authority to track the thousands of existing commercial chemicals and regulate any new chemicals before they enter the market. The TSCA requires manufacturers that intend…
On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). The final rule will take effect 60 days after EPA publishes…
The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental Protection Agency (EPA) proposal designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous…
On April 10, 2024, the Environmental Protection Agency (EPA) finalized a National Primary Drinking Water Regulation under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for five per- and polyfluoroalkyl substances (PFAS): Perfluorooctanoic acid (PFOA) Perfluorooctane sulfonic acid (PFOS) Perfluorononanoic acid (PFNA) Hexafluoropropylene oxide dimer acid (HFPO-DA,…
As regulation of the use of PFAS in consumer products continues to develop at a rapid pace in the United States, businesses that manufacture or sell products internationally should also keep their fingers on the pulse of foreign regulatory developments. On April 4, members of the French Parliament unanimously approved…
The Environmental Protection Agency (EPA) is continuing its push to regulate per- and polyfluoroalkyl substances (PFAS). Just last week, the agency’s revised PFAS regulations under the Safe Drinking Water Act (SDWA) cleared a key regulatory hurdle and could be finalized in the very near future. Similarly, the agency continues to…
The clock is winding down on businesses interested in commenting on EPA’s proposal to designate nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recover Act (RCRA). See Listing of Specific PFAS as Hazardous Constituents (89 Fed. Reg. 8,606, Feb. 8, 2023). EPA continues to…