In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”) – for the time being anyway - many states have regulated PFAS compounds in drinking water. The result is a...more
1/17/2024
/ Contamination ,
Data Collection ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Proposed Rules ,
Public Comment ,
Regulatory Standards ,
State Regulators ,
Toxic Chemicals ,
Water Supplies
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more
Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public...more
In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This...more
On October 18, 2023, the United States Environmental Protection Agency (“EPA”) issued a rule to modify the reporting requirements for PFAS under the Toxics Release Inventory (“TRI”) program. Specifically, the EPA is...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more
10/11/2023
/ Advertising ,
Consumer Product Companies ,
Corporate Counsel ,
Cosmetics ,
False Advertising ,
Fire-Retardant Clothing ,
Food Labeling ,
Food Safety ,
Marketing ,
Personal Care Products ,
PFAS ,
Popular ,
Product Labels ,
Product Packaging ,
Sustainability ,
Toxic Chemicals
On September 28, 2023, the United States Environmental Protection Agency (“EPA”) issued a pre-publication rule for reporting and recordkeeping requirements regarding per- and polyfluoroalkyl substances (“PFAS”) under the...more
10/6/2023
/ Commercial Use ,
Compliance ,
Contamination ,
Discharge of Pollutants ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Imports ,
Look-Back Measurement Period ,
Manufacturers ,
PFAS ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Last week the California legislature passed two bills regulating PFAS in certain products:
..AB 727 which restricts the use of PFAS in cleaning products and floor sealers and finishes; and
..AB 1423 which restricts the...more
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more
In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”), many states have started regulating PFAS compounds in drinking water. The result is a patchwork of regulations...more
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’...more
In the absence of binding federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves. These regulations have implications for site...more
8/2/2023
/ Commercial Property Owners ,
Contamination ,
Department of Environmental Quality ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Industrial Discharges ,
PFAS ,
Regulatory Oversight ,
Remediation ,
Residential Property Owners ,
Screening Procedures ,
Site Remediation ,
Soil ,
State Regulators ,
Toxic Chemicals
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more
In recent years, the topic of per- and polyfluoroalkyl substances (“PFAS”) has become well-known to the general public. State and federal regulators have implemented new regulatory standards for PFAS in groundwater, drinking...more
6/9/2023
/ Consumer Product Companies ,
Corporate Counsel ,
Cosmetics ,
Food Contamination ,
Food Manufacturers ,
Hazardous Substances ,
Manufacturers ,
Personal Care Products ,
PFAS ,
Popular ,
Product Packaging ,
Textiles ,
Toxic Chemicals
On May 24, 2023, Minnesota enacted HF 2310, which includes a number of PFAS restrictions in consumer products. As discussed below, several categories of products can no longer contain intentionally added PFAS beginning on...more
On May 3, 2023, Cynthia Lummis (R-WY) introduced five bills in the U.S. Senate proposing several PFAS liability exemptions to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)....more
5/23/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Impact Report (EIR) ,
Environmental Liability ,
Exemptions ,
Hazardous Substances ,
PFAS ,
Proposed Legislation ,
Public Health ,
Toxic Chemicals
If passed, Minnesota’s HF 2310 will prohibit the intentional use of PFAS in 11 categories of consumer products starting in January 2025, and would then prohibit the intentional use of PFAS in all other products sold in the...more
On July 1, 2023, eligible companies will need to submit their Toxics Release Inventory (“TRI”) annual reports. However, those reports may look a little different this year because companies will now have to consider, and in...more
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, numerous states have started the process of regulating PFAS in groundwater themselves. As a result, states have...more
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, eleven states have enacted laws concerning PFAS substances in food containers and packaging...more
Last week, EPA issued its long-anticipated proposal for Maximum Contaminant Levels (“MCLs”) for certain PFAS compounds which, once finalized, will establish national limits for those compounds in drinking water. EPA has been...more
PFAS in Children’s Products has become a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products. So far, seven states have enacted regulations...more
As anticipated, 2022 was another eventful year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took significant actions under...more
1/19/2023
/ CERCLA ,
Contaminated Properties ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
NPDES ,
Permits ,
PFAS ,
Public Health ,
Remediation ,
Site Remediation ,
Superfund ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)