With the annual July 1 deadline for filing Toxic Release Inventory (“TRI”) reports right around the corner, on June 22nd, the U.S. Environmental Protection Agency (“EPA”) finalized the addition of nine more per- and...more
A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by...more
In recent months, state legislatures have introduced numerous regulations restricting the sale of consumer products containing per- and polyfluoroalkyl substances (PFAS) and adopting legal drinking water standards for the...more
The Maine Department of the Environment (DEP) plans to propose a long-awaited rule later this year aimed at eliminating per- and polyfluoroalkyl substances (PFAS) in food packaging. The proposed rulemaking was announced to...more
Last week, the Minnesota House passed the state’s largest-ever environmental and natural resources funding bill, including a ban on per- and polyfluoroalkyl substances (“PFAS”) in many consumer products beginning in 2025,...more
“First movers” in a regulatory field often need to recalibrate their approach. Maine is no exception as it seeks to implement the broadest reporting and use ban in the country addressing per- and polyfluoroalkyl substances...more
The New York state legislature has passed a bill (S.1322/A.994) to modify previous legislation that largely bans per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel by 2025 that was signed into law by...more
Last week, EPA released the Agency’s 2021 Toxic Release Inventory (“TRI”) Analysis showing that only 44 facilities submitted 89 forms on their per- and polyfluoroalkyl (“PFAS”) releases and waste management, a marginal...more
Following in California’s footsteps, New York has recently joined a litany of States banning per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel. New York Governor Kathy Hochul signed the bill into law on...more
The European Union (“EU”) is preparing to adopt the world’s most sweeping ban on per- and poly-fluoroalkyl substances (“PFAS”), including with respect to the presence of the so-called “forever substances” in practically all...more
California Governor Gavin Newsom signed the Safer Clothes and Textiles Act (AB 1817) (the “Act”) into law on September 29, 2022. The Act bans per and poly-fluoroalkyl substances (“PFAS”) in textiles. The textile, clothing,...more
Comments are due February 3rd on EPA’s proposed (and much anticipated) rule to eliminate use of the de minimis exemption for reporting on per- and poly-fluoroalkyl substances (“PFAS”) under the Toxic Release Inventory (“TRI”)...more
Cookware sold in California will be required to have chemical ingredient information disclosed on the product website by the new year. While part of a wave of legislation focused on per- and polyfluoroalkyl substances...more
A new paper from Northeastern University’s PFAS Project Lab and researchers from the National Institute of Environmental Health Sciences (NIEHS) reaches the sobering conclusion that over 57,000 sites in the U.S. have...more
California joined the growing list of states to ban products containing per- and polyfluoroalkyl substances (“PFAS”) when, on September 29th, Governor Newsom signed into law legislation prohibiting the so-called “forever...more
On August 26, 2022, the U.S. Environmental Protection Agency (“EPA”) released its highly anticipated plan to categorize two per- and polyfluoroalkyl substances (“PFAS”) as “hazardous substances” subject to the Comprehensive...more
Last month, the Maine legislature introduced broad and sweeping restrictions on a range of products containing per- and polyfluoroalkyl substances (“PFAS”). These restrictions are some of the most comprehensive in the...more
Given today’s incessant media coverage and regulatory attention to PFAS (per- and polyfluoroalkyl substances), and their widespread presence in a host of products, it may seem surprising at first that the recently published...more
Earlier this week, on July 18, 2022, U.S. EPA issued a final rule that subjects five new per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) reporting requirements under Section 313 of the...more
Earlier this week, U.S. EPA released the agency’s 2020 TRI National Assessment Report, which includes data from first-time reports filed for per- and polyfluoroalkyl substances (PFAS). In releasing the report, EPA indicated...more
For our June review, the action stays largely in the litigation arena with vanilla getting thrown out and sustainability as well as settlements getting called into question. Meanwhile, environmental and health stakeholders...more
A coalition of environmental, food safety, and consumer health advocacy groups petitioned the U.S. Food and Drug Administration (FDA) yesterday to ban per- and poly-fluoroalkyl substances (PFAS) from food contact uses, and to...more
The U.S. Environmental Protection Agency (EPA) is adding three per-/poly-fluoroalkyl substances (PFAS) to the list of substances reportable under the agency’s Toxic Release Inventory (TRI) reporting program. Consistent with...more
Earlier today, U.S. EPA officially added 172 specific per- and poly-fluoroalkyl substances (PFAS) to the list of chemicals reportable each year under the Toxic Release Inventory (TRI) program. With annual TRI reports due...more