Since publishing an alert on U.S. Food and Drug Administration (FDA) efforts surrounding per- and polyfluoroalkyl substances (PFAS) in food packaging, Holland & Knight has monitored developments related to fluorinated and...more
The 2024 National Defense Authorization Act (NDAA) (H.R. 2670), which authorizes expenditures for the U.S. Department of Defense (DOD or Department), passed the House of Representatives on Dec. 14, 2023, and is headed to...more
12/20/2023
/ Contamination ,
Department of Defense (DOD) ,
Drinking Water ,
Federal Budget ,
Federal Pilot Programs ,
Health and Safety ,
Military Service Members ,
NDAA ,
Pending Legislation ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals
The U.S. Environmental Protection Agency (EPA) announced release of its Draft Guidance Regarding NPDES Permitting of Certain Discharges through Groundwater to Surface Waters (Draft Guidance) on Nov. 20, 2023, notice of which...more
The U.S. Department of the Treasury's Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Board) and the Federal Deposit Insurance Corp. (FDIC) (collectively, the Agencies) on...more
11/6/2023
/ Biden Administration ,
Climate Change ,
Compliance ,
Corporate Governance ,
Data Collection ,
Executive Orders ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Joint Statements ,
New Guidance ,
OCC ,
Policies and Procedures ,
Reporting Requirements ,
Risk Management ,
Risk Mitigation ,
Strategic Planning ,
U.S. Treasury
The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more
10/20/2023
/ Compliance ,
Effective Date ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Hazardous Substances ,
Importers ,
Manufacturers ,
NDAA ,
PFAS ,
Reporting Requirements ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Waste Management
Odds are that businesses involved in any kind of manufacturing or sale of physical products will be impacted by developments in legislation or case law involving per- and polyfluoroalkyl substances (PFAS). How big of an...more
9/27/2023
/ Consumer Product Companies ,
Contamination ,
Drinking Water ,
Hazardous Substances ,
Infrastructure ,
Manufacturers ,
PFAS ,
Product Packaging ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure ,
Transportation Industry ,
Utilities Sector
More than a year and a half ago, Holland & Knight wrote about how the U.S. Environmental Protection Agency (EPA) promised new Vessel Incidental Discharge National Standards of Performance following adoption of the Vessel...more
The U.S. Environmental Protection Agency (EPA) is not the only federal agency that regulates per- and polyfluoroalkyl substances (PFAS). And states aren't the only ones scrutinizing PFAS in food packaging products. PFAS,...more
9/13/2023
/ Comment Period ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Safety ,
Interstate Commerce ,
Investigations ,
Manufacturers ,
Pesticides ,
PFAS ,
Preemption ,
Product Packaging ,
Toxic Chemicals
What do nail polish, children's foam-padded sleeping mats and tires have in common? Not much at first glance, but all have been identified as "priority products" under California's Safer Consumer Products regulations...more
The U.S. Environmental Protection Agency (EPA) announced on July 25, 2023, a proposed rule, published in the Federal Register on Aug. 9, 2023, to update the Air Emissions Reporting Requirements (AERR) to collect certain...more
The U.S. Environmental Protection Agency (EPA) on July 27, 2023, published its Semiannual Regulatory Agenda, which is intended to update the public about the agency's plan to review, propose and issue regulations over the...more
8/3/2023
/ Clean Air Act ,
Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
FIFRA ,
New Source Performance Standards (NSPS) ,
NPRM ,
PFAS ,
Proposed Regulation ,
RCRA ,
Recordkeeping Requirements ,
Regulatory Agenda ,
Safe Drinking Water Act ,
State Implementation Plans (SIPs) ,
Toxic Substances Control Act (TSCA)
Minnesota is competing with Maine to have the most rigorous regulations for per- and polyfluoroalkyl substances (PFAS). Minnesota Gov. Tim Walz signed HF 2310 into law on May 24, 2023. Similar to Maine's PFAS requirements,...more
7/28/2023
/ Amended Legislation ,
Certification Requirements ,
Compliance ,
Consumer Product Companies ,
Governor Walz ,
Hazardous Substances ,
Labeling ,
Manufacturers ,
PFAS ,
Product Labels ,
Product Packaging ,
Reporting Requirements ,
Supply Chain ,
Toxic Chemicals ,
Waste Management
Holland & Knight's Diversity Council and LGBTQ Affinity Group were proud to celebrate Pride Month and engage in the conversation for equality and embrace our diverse community by coming together without exception and...more
Forever chemicals are about to be forever regulated. With the most recent ban on per- or polyfluoroalkyl substances (PFAS) in food packaging set to go in effect in Vermont on July 1, 2023, this Holland & Knight alert focuses...more
For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more
6/29/2023
/ Advertising ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Greenwashing ,
Marketing ,
Proposed Amendments ,
Public Comment ,
Recycling ,
Rulemaking Process
The Federal Energy Regulatory Commission (FERC or Commission) on June 15, 2023, finalized a rule requiring interstate electric transmission providers to file one-time informational reports assessing the susceptibility of...more
The U.S. Court of Appeals for the District of Columbia Circuit has the latest word in the long-running saga concerning regulation of the contaminant perchlorate in its decision dated May 9, 2023, when it ruled the U.S....more
The U.S. Environmental Protection Agency (EPA) has announced a public meeting of the Science Advisory Board (SAB) Environmental Justice Screen (EJScreen) Review Panel (Panel) to discuss EPA's EJScreen methodology and updated...more
The U.S. Environmental Protection Agency (EPA) on April 12, 2023, released an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input and data to assist in the consideration of potential development of future...more
The U.S. Environmental Protection Agency (EPA) on March 29, 2023, published in the Federal Register its long-awaited proposal to regulate per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA)...more
3/30/2023
/ Comment Period ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Proposed Regulation ,
Public Health ,
Public Hearing ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Exposure
The U.S. Environmental Protection Agency (EPA) in 2022 advanced many of its regulatory priorities laid out in its October 2021 PFAS Strategic Roadmap across multiple regulatory programs. Below are some of the highlights, many...more
1/10/2023
/ CERCLA ,
Corporate Counsel ,
Drinking Water ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
PFAS ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
It has taken a year to obtain greater certainty of what is required to satisfy the U.S. Environmental Protection Agency's (EPA) all appropriate inquiries (AAI) rule (40 CFR part 312). Earlier this year, EPA issued a direct...more
At its Dec. 14, 2022, meeting, the Federal Trade Commission (FTC or Commission) voted to obtain public comment on potential revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides). The...more
The U.S. Environmental Protection Agency (EPA) issued four lifetime health advisories1 for several per- and polyfluroroalkyl substances (PFAS) on June 15, 2022. Health advisories issued for two contaminants – perflurooctanoic...more
The U.S. Environmental Protection Agency (EPA) published a proposed rule on June 9, 2022, to revise the requirements for water quality certification under the Clean Water Act (CWA) Section 401. The proposed rule changes both...more